Alec Baldwin is not charged with filming Rust director Joel Souza, despite being struck by the same bullet that killed cinematographer Halyna Hutchins.
The New Mexico Attorney’s Office has said that Baldwin will not be charged for injuring Souza because there is no “unintentional battery” charge that would apply.
Battery generally required intent, and prosecutors do not allege that Baldwin intended to fire the bullet. In Hutchins’ case, he faces charges of “involuntary manslaughter,” it was announced last week.
Souza was hospitalized after filming on the set of Rust in October 2021. It was recently reported that filming is set to resume and Souza will return to his role as director.
Sante Fe prosecutors are also seeking involuntary manslaughter charges for on-set armorer Hannah Gutierrez-Reed.
Alec Baldwin is not charged with filming Rust director Joel Souza, despite being struck by the same bullet that killed cinematographer Halyna Hutchins
Joel Souza (pictured) was hospitalized after filming on the set of Rust in October 2021
Alec Baldwin accidentally shot and killed Halyna Hutchins and director Joel Souza while filming their western Rust on the outskirts of Santa Fe.
Baldwin had been practicing drawing his gun from his holster when a bullet from the revolver pierced Souza’s shoulder and went straight into Hutchin’s chest.
The actor insisted during an interview with police that he had been told the gun was “cold” when it was handed to him and more importantly that he didn’t pull the trigger.
Baldwin has refuted an FBI report that claimed he must have pulled the trigger for the gun to go off.
“We’ve been doing this for two weeks and we’re doing it right every day. Just before you shoot. I went to lunch.
‘She disarmed me – Hannah – she always used the gun. I come back, they give me the revolver – Hannah – they arm me. You assume it’s a cold gun. I put the gag in the shot.
“I take out the gun as it clears – I turn and cock the gun and the gun goes off. It’s supposed to be a cold weapon. Bang her [Hutchins] hits the ground. [Joel Souza] falls to the ground screaming ‘Jesus Christ!’
Baldwin has vowed to fight the charges, calling them a “horrible miscarriage of justice”.
He and Gutierrez-Reed face up to 18 months in prison if convicted of involuntary manslaughter. If they are also convicted of weapon enhancement on this charge, they face a mandatory five-year prison sentence.
Dave Halls, the deputy director, has pleaded guilty to charges of negligent use of a deadly weapon and has been given a six-month suspended sentence.
In a statement, Baldwin’s attorney said: “This decision distorts the tragic death of Halyna Hutchins and constitutes a horrific miscarriage of justice. Mr. Baldwin had no reason to believe there was a live bullet in the gun – or anywhere on the film set.
Mary Carmack-Altwies (pictured), New Mexico’s First Judicial District Attorney, accused Baldwin of running a “quick and loose” set
Hutchins with her son and husband Matthew
Baldwin is seen on October 21, 2021 after speaking to investigators about the fatal shooting
But Mary Carmack-Altwies, New Mexico’s First Judicial District Attorney, stands firm.
In a post-announcement interview with CNN, she said Baldwin pulled the trigger — and that he ran a “fast and loose set” that was plagued by safety issues.
Baldwin faces additional guilt for also producing the film.
Carmack-Altwies said, “There was such a lack of security and safety standards on this set. There were live rounds on set, they were mixed in with dummy rounds.
“Nobody checked these, or at least they didn’t check them regularly.
“They were sort of loaded into a gun, handed over to Alec Baldwin, he didn’t check, he didn’t do what he was supposed to do to make sure he was safe or that someone else was safe.
“He pointed the gun at Halyna Hutchins and pulled the trigger.”
She said a “total of circumstances” led to the decision, adding, “This was a really fast and loose set. And that nobody did their job.’
Though it may have been an accident, she said Baldwin “doesn’t get a free pass” because he’s a star.
Baldwin’s wife told a group of photographers waiting outside their Manhattan apartment that they and their children needed space
This comes after Baldwin’s wife told a group of photographers waiting outside their Manhattan apartment that she and their children needed space. However, she was criticized for doing so with a fake Spanish accent.
The Boston native, 39, apologized two years ago for faking a Spanish accent and claimed she grew up with two cultures.
Hilaria – who was born Hillary Lynn Hayward-Thomas – appeared to revert to her old accent as she dodged questions about her husband’s involuntary manslaughter charge.