1. Skip to content
  2. Skip to main menu
  3. Skip to more DW sites

Alec Baldwin's 'Rust' manslaughter charges downgraded

February 20, 2023

US prosecutors amended the charges against actor Alec Baldwin, reducing the term he could serve for shooting cinematographer Halyna Hutchins by at least five years.

https://p.dw.com/p/4NlnJ
 Alex Baldwin on the set in his costume for the movie 'Rust.'
Authorities said Baldwin was pointing a pistol at Hutchins on the set of 'Rust' when the gun went offImage: Santa Fe County Sheriff's Office/ZUMAPRESS/picture alliance

Hollywood actor Alec Baldwin is facing a charge of involuntary manslaughter for the fatal shooting of cinematographer  Halyna Hutchins on the set of "Rust" in October 2021. However, prosecutors have now dropped a so-called "firearm enhancement" that carried a potential five-year sentence, according to new court filings made public Monday.

The "firearm enhancement" could have meant that he actor had to serve a mandatory five-year sentence for a fatal film set shooting. The changes mean that Baldwin could now face a lesser sentence of up to 18 months if convicted.

Baldwin and Hannah Gutierrez-Reed, the weapons supervisor on the set of the film, were charged last month with felony involuntary manslaughter.

"The prosecutors committed a basic legal error by charging Mr. Baldwin under a version of the firearm-enhancement statue that did not exist on the date of the accident," Baldwin's attorneys said in an earlier court filing.

US officials said their priority was "securing justice, not securing billable hours for big-city attorneys."

"In order to avoid further litigious distractions by Mr. Baldwin and his attorneys, the district attorney and the special prosecutor have removed the firearm enhancement to the involuntary manslaughter charges in the death of Halyna Hutchins on the "Rust" film set," Heather Brewer, a spokesperson for the New Mexico First Judicial District Attorney, said in a statement.

The charge was also dropped against Gutierrez-Reed.

What happened on the 'Rust' set?

Baldwin was handling a vintage Colt .45 revolver when a projectile was discharged. It killed cinematographer Halyna Hutchins and injured director Joel Souza.

Souza was standing behind Hutchins at the time.

Baldwin said he cocked the revolver but never pulled the trigger and it was the job of Gutierrez-Reed and other weapons professionals to ensure it was unloaded.

In December Gutierrez-Reed testified to New Mexico's worker safety agency the shooting might have been prevented had she had more time to train Baldwin.

She said he had "poor form" when using the revolver.

What happens next?

New Mexico prosecutors indicated they would summon the accused to appear in court within a month.

Meanwhile, the film's producers, Rust Movie Productions, were looking to resume production in the spring.

They said Hutchins' widower, Matthew Hutchins, will be the film's new executive producer, with Blanca Cline as the new cinematographer.

The producers said last week a related documentary will detail the film's completion and Halyna Hutchins's life.

lo/dj (AP, Reuters)