SANTA FE, N.M. — Alec Baldwin faces another involuntary manslaughter charge after a grand jury indicted the actor in connection with the 2021 fatal shooting of a cameraman on the set of a Western film in New Mexico.
Baldwin, the star and co-producer of “Rust,” was pointing a gun at cinematographer Halyna Hutchins during rehearsal for a film set outside Santa Fe when the gun went off, killing her and wounding director Joel Souza.
A new analysis of the weapon opened the way for prosecutors to restart the case after dismissing an involuntary manslaughter charge last year. A new one-page indictment returned by the grand jury on Friday alleges that Baldwin caused Hutchins’ death — either through negligence or “total disregard or indifference” to safety.
Baldwin’s attorneys indicate they will fight the charge, which carries a possible prison sentence of up to 18 months.
Here are some things you need to know about the case.
Baldwin can enter a formal plea, with or without an arraignment, which will begin preparations for trial.
The indictment offers prosecutors two alternative standards to the involuntary manslaughter charge against Baldwin. One of them would be based on the careless use of a firearm.
Baldwin has said he pulled back the gun’s hammer, but not the trigger, and the gun fired. But a recent analysis of the gun used by Baldwin by Lucien and Michael Haag of Forensic Science Services in Arizona concluded that “the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver.” According to the new indictment, Michael Haag testified as a witness before the grand jury this week.
An earlier FBI report on the agency’s analysis of the weapon found that, as is common with firearms of that design, it could discharge without pulling the trigger if force was applied to an uncocked hammer, such as by to drop weapon. The gun eventually broke during testing.
A second alternative for prosecutors is to prove beyond a reasonable doubt that Baldwin caused Hutchins’ death without due care or “caution,” also defined as “an act committed with total disregard or indifference to the safety of others.”
Prosecutors declined to answer questions Friday after about a day and a half of presenting their case to the grand jury.
Santa Fe-based attorney and former prosecutor John Day, who is not involved in the case, believes the indictment gives prosecutors a potential opportunity to meet Baldwin’s security obligations as co-producer.
“We don’t know exactly what their theory is,” Day said. “They might bring in his role as de facto CEO of production… if there’s no safe workplace and someone dies and you’re at the top of the pyramid.”
The company Rust Movie Productions has paid a $100,000 fine to workplace safety regulators following a damning story of safety failures that violated standard industry protocols, including testimony that production managers took limited or no action to correct two on-set failures before to address the fatal shooting.
In addition, special prosecutors Kari Morrissey and Jason Lewis are preparing for a February trial against “Rust” gunsmith Hannah Gutierrez-Reed, who has pleaded not guilty to involuntary manslaughter and tampering with evidence in the case.
That trial will likely proceed independently — and could give Baldwin’s attorneys insight into prosecution strategies and testimony from key witnesses who are also likely to testify in the proceedings against Baldwin.
“His attorneys will certainly be keeping a close eye on the gunsmith’s trial,” said Kate Mangels, a Los Angeles entertainment attorney and lawyer who is not involved in the case. “It could provide a preview of the prosecution’s approach and possible witness testimony.”
Baldwin’s case was assigned to Judge T. Glenn Ellington, a criminal case specialist, in Santa Fe. The Gutierrez-Reed case is overseen by a different judge.
“We look forward to our day in court,” said Luke Nikas and Alex Spiro, attorneys for Baldwin.
The two witnesses seen at the courthouse included crew members: one who was present when the fatal shot was fired and another who had walked away from the set the day before due to safety concerns.
“Rust” assistant director and safety coordinator David Halls pleaded no contest to unsafe handling of a firearm last March and was given a six-month suspended sentence. He agreed to cooperate in the shooting investigation.
New court documents indicate Friday that “Rust” prop master Sarah Zachry has signed an agreement to cooperate with special prosecutors in exchange for leniency. Zachry worked closely with Gutierrez-Reed to secure weapons and ammunition on set.
Mangels said an indictment by the grand jury is by no means a guarantee that prosecutors will prevail at trial.
“Receiving an indictment from a grand jury in no way means the prosecutor has a slam dunk case or even a strong case,” she said.