Will Alec Baldwin face jail time? Explaining the actor’s involuntary manslaughter charges
two counts of involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins, what happens to them and the movie itself?Â
The charges, which will be brought this month by state prosecutors, could theoretically find both of the accused serving up to five years in jail while signaling to Hollywood moviemakers that while the New Mexico welcomes their business, officials will be unsparing in their pursuit of film sets that are lax on safety.
USA TODAY spoke with legal experts to explain what the “Rust” charges mean:
What happened to Halyna Hutchins on the set of Alec Baldwin’s movie ‘Rust’?
The “Rust” tragedy thrust a low-budget film overseen by a major Hollywood star into a harsh public spotlight:
- On Oct. 21, 2021, Baldwin, 64, was rehearsing a scene inside a church that required him to aim in the direction of cinematographer Hutchins when the prop gun he was holding – inexplicably loaded with a live round – went off, wounding director Joel Souza and killing Hutchins, 42.
- The production of “Rust” shut down while New Mexico authorities assembled evidence. In December 2021, Baldwin told ABC’s George Stephanopoulos in a sitdown interview that he didn’t pull the gun’s trigger.
- Last fall, Hutchins’ family revealed they had settled their lawsuit brought against Baldwin and the movie’s producers. It was announced that “Rust” would resume production in 2023 with Hutchins’ widower, Matthew, as an executive producer.
What is involuntary manslaughter?
Baldwin and Gutierrez-Reed, who was responsible for ensuring that the weapons used on the set of “Rust” caused no harm, were charged with two charges of involuntary manslaughter: one determines if there was underlying negligence and the other requires that there was more than simple negligence in Hutchins’ death.
Both charges are a fourth-degree felony, punishable by up to 18 months in jail and $5,000 fine. The latter charge also includes a firearm enhancement penalty, which is punishable by a mandatory five years in jail.
“Involuntary manslaughter is the lowest criminal charge to hold someone responsible for death of another person,” says Joshua Ritter, a criminal defense lawyer and partner at El Dabe Ritter Trial Lawyers in Los Angeles. “Even if someone is doing something lawfully, if that action could lead to the death of someone else without due caution, you can be held criminally liable.”
Will Alec Baldwin go to jail?
It’s possible, but legal experts have their doubts Baldwin in particular would receive jail time. Baldwin has already settled the suit brought by Hutchins’ husband, who in his new role as a “Rust” producer is unlikely to help New Mexico prosecutors in aggressive pursuit of the film’s star, says Ritter.
“I would be shocked if anyone did custody time on this,” he says. “Maybe probation and community service and fines and fees and safety messaging. But to put Baldwin behind bars for what everyone still agrees is a horrific accident would be a bit much.”
That said, Baldwin is clearly who New Mexico prosecutors want to hold accountable, says Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers in Los Angeles.
“This is a very aggressive charging decision,” he says, noting that New Mexico lawmakers allotted $317,000 last fall to prosecutors working the “Rust” case to allow them to continue the costly process of pursuing charges. “You don’t bark unless you’re ready to bite.”
Will armorer Hannah Gutierrez-Reed go to jail?
It was Gutierrez-Reed’s responsibility to ensure that “Rust” guns carried no live rounds. But a live round found its way into the chamber of Baldwin’s gun, which was handed to the actor by assistant director David Halls, who called out “Cold gun,” indicating it did not contain live ammunition.
If it’s determined Gutierrez-Reed didn’t keep her safe set, she could be found liable for the accident, experts say.Â
“She was the armorer, it was on her watch” that the accident happened, says Miguel Custodio, Los Angeles-based personal injury attorney and partner with Custodio Dubey.Â
Why wasn’t assistant director David Halls charged in the shooting?Â
Halls handed the gun to Baldwin at the tragic rehearsal; his responsibilities included checking to ensure the gun did not have a live round – which it did.
Halls would in theory seem as culpable in the accident as Baldwin and Gutierrez-Reed. But prosecutors said Thursday that they had reached a plea agreement with Halls that includes a suspended sentence and six months of probation.Â
“Halls is the game changer,” says Custodio, given that it suggests prosecutors plan to use what he knows as they pursue the charges against the actor and armorer.
“There’s a safe assumption if Halls has accepted a plea, he will be helping the prosecution,” says Ritter. “There’s a good chance both Baldwin and Gutierrez-Reed were offered pleas as well, but maybe they just didn’t want to accept that. Don’t be shocked if they both do negotiate something down the line.”
Would Alec Baldwin have been charged if he were only an actor on the film?
Possibly not. Hollywood movie sets traditionally have a strict protocol for handling firearms, one that typically involves multiple people starting with the set armorer. Weapons are supposed to be checked and re-checked long before one is handed to an actor, who typically will not also be a weapons expert.
“Your job is acting, and if you have to worry about whether a gun is loaded, that will impact your ability to act,” says Custodio. “So my feeling is that charges for Alec aren’t about him as actor, but him as a producer. And there seems to be evidence his set was fast and loose when it came to weapons.”
Ritter agrees. “I can’t imagine holding someone responsible if your only responsibility is hearing from an armorer that a weapon is safe, so you can then act,” he says. “Clearly, prosecutors feel there was a larger breakdown, and that (Baldwin) was responsible.”
Take a deep dive on the ‘Rust’ tragedy:
Safety in Hollywood:Will Halyna Hutchins’ death on the set of ‘Rust’ be a ‘breakthrough’ moment?
What about the gun? As Alec Baldwin faces lawsuit, all eyes are on the gun that killed Halyna Hutchins
‘I don’t know where I would be’:Alec Baldwin praises Hilaria Baldwin’s support after ‘Rust’ shooting
‘I just felt so angry’:Â Halyna Hutchins’ husband wanted Alec Baldwin to accept responsibility