SANTA FE, N.M. (AP) 鈥� Actor Alec Baldwin and a weapons specialist have been formally charged with involuntary manslaughter in the fatal shooting of a cinematographer on a New Mexico movie set, according to court documents filed by prosecutors Tuesday.
Santa Fe District Attorney Mary Carmack-Altwies filed the charging documents naming Baldwin and Hannah Gutierrez-Reed, who supervised weapons on the set of the Western 鈥淩ust," and outlined evidence that they deviated repeatedly from known safety standards.
Halyna Hutchins died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza.
Prosecutors have said that Baldwin鈥檚 involvement as a producer and as the person who fired the gun weighed in the decision to file charges.
In recent weeks, Carmack-Altwies charges in connection with the shooting.
The manslaughter charge filed Tuesday against Baldwin and Gutierrez-Reed includes two alternative standards and sanctions.
One version would require proof of negligence, which is punishable by up to 18 months in jail and a $5,000 fine under New Mexico law.
The second alternative is for reckless disregard of safety 鈥渨ithout due caution and circumspection.鈥� It carries a higher threshold of wrongdoing and includes a 鈥渇irearm enhancement鈥� that could result in a mandatory five years in prison because the offense was committed with a gun.
Prosecutors have said a jury may ultimately decide which definition of manslaughter to pursue.
A probable cause statement outlining evidence against Baldwin alleges many instances of 鈥渆xtremely reckless acts鈥� or reckless failures to take precautions in the days and minutes leading up to the deadly shooting.
Investigators say that Baldwin drew a revolver from a holster, pointed it at Hutchins and fired the weapon when a plastic or replica gun should have been used by industry standards.
It says photos and videos of the rehearsal, including moments before the deadly shooting, showed Baldwin with his finger inside the trigger guard and on the trigger while 鈥渕anipulating鈥� the pistol's hammer, and that an FBI analysis shows the pistol could not be fired without pressing the trigger.
Investigators say Baldwin failed to appear for mandatory firearms training prior to filming, and that he didn鈥檛 fully complete on-set training while distracted by phone calls to family. They also cite several breaches of required safety-checks and protocols as the gun was loaded and provided to Baldwin.
Baldwin and Gutierrez-Reed maintain their innocence and have vowed to fight the charges.
Baldwin鈥檚 attorney Luke Nikas declined comment Tuesday and referred to his previous statement on the case, in which he called the charges a 鈥渢errible miscarriage of justice鈥� that he and his client would fight and win.
鈥淢r. Baldwin had no reason to believe there was a live bullet in the gun 鈥� or anywhere on the movie set,鈥� the statement said. 鈥淗e relied on the professionals with whom he worked.鈥�
Gutierrez-Reed鈥檚 attorney said they would release a statement later.
Prosecutors say that Baldwin, in his role as a producer of 鈥淩ust," failed to account for Gutierrez-Reed's relative inexperience as an uncertified armorer on her second film assignment. They allege that Baldwin and Gutierrez-Reed skipped a critical safety check of the gun and its ammunition, and that Baldwin should have known better as an actor with extensive experience in films involving firearms.
鈥淪tandard protocol is the armorer is to show the actor the firearm, pull the bullets out in front of the actor, and demonstrate there are no live rounds (but dummies) in the firearm," investigators said. 鈥淗annah Gutierrez-Reed did not do this protocol in front of Baldwin. Baldwin did not object.鈥�
Prosecutors also provided a new accounting of live ammunition on the set 鈥� noting that five additional live rounds were discovered by authorities, including a round in Baldwin's holster as well as an ammunition box, a holster, a weapons cart and one live round seized from Gutierrez-Reed.
Hutchins鈥� death already .
Carmack-Altwies told The Associated Press in a Jan. 19 interview that the set was 鈥渞eally being run pretty fast and loose鈥� and that Baldwin should have known there had been previous misfires on the set and that multiple people had brought up safety concerns.
Baldwin and Gutierrez-Reed will be issued a summons to appear in court. Prosecutors will forgo a grand jury and rely on a judge to determine if there is sufficient evidence to move toward trial. It could take up to 60 days for decision.
Involuntary manslaughter can involve a killing that happens while a defendant is doing something lawful but dangerous and is acting negligently or without caution.
Prosecutors say that a proposed plea agreement signed by assistant director David Halls, who oversaw safety on set, has not yet been approved by a judge and cannot be published.
Prosecutors said previously that Halls has agreed to plead guilty in the negligent use of a deadly weapon. Prosecutors say Halls may have handled the gun improperly before it was given to Baldwin.
Heather Brewer, a spokeswoman for the district attorney's office, said in a statement Monday that prosecutors are 鈥渇ully focused on securing justice for Halyna Hutchins鈥� and "the evidence and the facts speak for themselves.鈥�
Baldwin, also a co-producer on 鈥淩ust,鈥� has described the killing as a tragic accident. The 64-year-old actor said he was told the gun was safe and has sought to clear his name by suing people involved in handling and supplying the loaded .45-caliber revolver.
In his lawsuit, Baldwin said that while working on camera angles with Hutchins, he pointed the gun in her direction and pulled back and released the hammer of the weapon, which discharged.
Defense attorney Jason Bowles, who represents Gutierrez-Reed, said the charges are the result of a 鈥渇lawed investigation鈥� and an 鈥渋naccurate understanding of the full facts.鈥�
Defendants can participate remotely in many initial court proceedings or seek to have their first appearance waived.
The for an A-list actor whose 40-year career included the early blockbuster 鈥淭he Hunt for Red October鈥� and a starring role in the sitcom 鈥�30 Rock,鈥� as well as iconic appearances in Martin Scorsese鈥檚 鈥淭he Departed鈥� and a film adaptation of David Mamet鈥檚 鈥淕lengary Glen Ross.鈥� In recent years, Baldwin was known for his impression of former President Donald Trump on 鈥淪aturday Night Live.鈥�
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AP Entertainment writer Andrew Dalton in Los Angeles contributed to this report.
Morgan Lee, The Associated Press
