How Alec Baldwin's charges will impact the production of 'Rust'

Prosecutors said on Jan. 19 that the actor will face two counts of involuntary manslaughter from the shooting that killed cinematographer Halyna Hutchins.

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“Rust” is on track for completion despite the recent announcement that the film's star, Alec Baldwin, will face involuntary manslaughter charges related to the fatal shooting of set cinematographer Halyna Hutchins, 42, those involved with the movie say.

On Jan. 20, Melina Spadone, an attorney for Rust Movie Productions LLC, gave an update to NBC regarding the upcoming Western, which became fraught with controversy and concern for gun safety measures on film shoots after Hutchins' death.

“As of Thursday, the movie was still on track to be completed with Mr. Baldwin in the lead role and Joel Souza, who was wounded in the shooting, returning as director,” said Spadone.

“The project will include on-set safety supervisors and union crew members and will bar any use of working weapons or any form of live ammunition, including blanks," Spadone continued.

Spadone further underlined that “live ammunition” is and always was prohibited from “Rust” production.

The attorney’s statement comes one day after New Mexico First Judicial District Attorney Mary Carmack-Altwies announced Balwdin would be charged with two counts of involuntary manslaughter against the actor for his alleged role in the Oct. 21, 2021, fatal shooting of Hutchins.

Hannah Gutierrez-Reed (who, as the film’s weapons master, was responsible for maintaining control of prop weapons on production) received the same charges. In a statement on Jan. 19, her legal team said she is and "has always been, very emotional and sad about this tragic accident."

"But she did not commit involuntary manslaughter. These charges are the result of a very flawed investigation, and an inaccurate understanding of the full facts," the statement said. "We intend to bring the full truth to light and believe Hannah will be exonerated of wrongdoing by a jury."

Special prosecutor Andrea Reeb underlined that no one is above the law in a statement regarding the charges.

“I’m sure (Baldwin) was confident he wasn’t going to get charged. But he isn’t above the law, and he is somebody who committed a crime, and we’re going to hold him to the law, hold him accountable,” she said.

Hutchins was shot on the set of the upcoming Western while filming took place in La Cienega, New Mexico. 

She was shot as Baldwin had been rehearsing a scene and accidentally discharged a prop pistol. The gun fired live ammunition, fatally shooting Hutchins and injuring the film’s director, Joel Souza.

Regarding the charges, Luke Nikas — an attorney for Baldwin — said in a statement that Baldwin “had no reason to believe there was a live bullet in the gun — or anywhere on the movie set.”

“He relied on the professionals with whom he worked, who assured him the gun did not have live rounds,” Nikas added. “We will fight these charges, and we will win.”

Officials have argued that as an actor and producer of the movie, Baldwin was responsible for ensuring safety precautions.

“If any one of these three people — Alec Baldwin, Hannah Gutierrez-Reed, or (assistant director) David Halls — had done their job, Halyna Hutchins would be alive today. It’s that simple,” Reeb added. “The evidence clearly shows a pattern of criminal disregard for safety on the ‘Rust’ film set. In New Mexico, there is no room for film sets that don’t take our state’s commitment to gun safety and public safety seriously.”

Hutchins’ family filed a wrongful death lawsuit against the actor and others involved in the production of the film and settled in October 2022. The terms of the settlement were not disclosed.

The settlement also made Matthew Hutchins, the widower of Halyna Hutchins, an executive producer of the project.

“I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin),” he said in a previous statement. “All of us believe Halyna’s death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna’s final work.”