Alec Baldwin will not be charged for shooting the Rust director Joel Souza even though he was hit by the same bullet that killed cinematographer Halyna Hutchins.
The New Mexico DA has said that Baldwin will not be charged for injuring Souza because there is no ‘unintentional battery’ charge that would apply.
Battery generally required intention and the prosecutors are not alleging that Baldwin had any intention to fire the bullet. In the case of Hutchins he is being charged with ‘involuntary manslaughter’, it was announced last week.
Souza was hospitalized after the shooting on the set of Rust in October 2021. It was recently reported that the filming is due to resume and that Souza will return to his role of director.
The Sante Fe District Attorney’s office is also seeking the involuntary manslaughter charge for the armorer on set, Hannah Gutierrez-Reed.
Alec Baldwin will not be charged for shooting the Rust director Joel Souza even though he was hit by the same bullet that killed cinematographer Halyna Hutchins
Joel Souza (pictured) was hospitalized after the shooting on the set of Rust in October 2021
While filming their Western movie Rust on the outskirts of Santa Fe, Alec Baldwin accidentally shot Halyna Hutchins and director Joel Souza.
Baldwin had been practicing drawing his gun from his holster when a round from the revolver pierced Souza’s shoulder and went directly into Hutchins’ 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, crucially, that he did not pull the trigger.
Baldwin has refuted an FBI report which claims he must have pulled the trigger for the gun to go off.
‘We’ve done this for two weeks and we’ve done it the right way every day. Right before you shoot. I went to lunch.
‘She disarmed me – Hannah – she always handled the gun. I come back, they hand me the revolver – Hannah – they arm me. You’re assuming it’s a cold gun. I put the gag in the shot.
‘I take the gun out, as it clears – I turn and cock the gun and the gun goes off. It’s supposed to be a cold gun. Bang, she [Hutchins] hits the ground. [Joel Souza] goes down, screaming going ‘Jesus Christ!’
Baldwin has vowed to fight the charges, calling them a ‘terrible miscarriage of justice’.
He and Gutierrez-Reed are facing a maximum of 18 months in prison if convicted of involuntary manslaughter. If they’re also convicted of a firearm enhancement on that charge, they’ll face a mandatory five-year prison sentence.
Dave Halls, the Assistant Director, has pleaded guilty to the charge of negligent use of a deadly weapon and was handed a six-month suspended sentence.
In a statement, Baldwin’s attorney said: ‘This decision distorts Halyna Hutchins’ tragic death and represents a terrible miscarriage of justice. Mr. Baldwin had no reason to believe there was a live bullet in the gun — or anywhere on the movie set.
Mary Carmack-Altwies (pictured), the First Judicial District Attorney in New Mexico, accused Baldwin of running a ‘fast and loose’ set
Hutchins with her son and her husband Matthew
Baldwin is seen on October 21, 2021, after speaking to investigators about the fatal shooting
But Mary Carmack-Altwies, the First Judicial District Attorney in New Mexico, is standing firm.
In an interview after the announcement with CNN, she said Baldwin did pull the trigger – and that he ran a ‘fast and loose set’ that was plagued with safety issues.
Baldwin may be facing additional culpability because he was also a producer of the film.
Carmack-Altwies said: ‘There was such a lack of safety and safety standards on that set. There were live rounds on set, they were mixed in with dummy rounds.
‘Nobody was checking those or at least they weren’t checking them consistently.
‘They somehow got loaded into a gun, handed off to Alec Baldwin, he didn’t check it, he didn’t do what he was supposed to do to make sure he was safe or make sure anyone else was safe.
‘He pointed the gun at Halyna Hutchins and he pulled the trigger.’
She said a ‘totality of the circumstances’ led to the decision, adding: ‘This was a really fast and loose set. And that nobody was doing their job.’
While 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 she and her children need space
This comes after Baldwin’s wife told a group of photographers waiting outside their Manhattan apartment that she and her children need space. She came under criticism though for doing so in a fake Spanish accent.
The born-and-bred Bostonian, 39, apologized two years ago for faking a Spanish accent and claimed she had been raised with two cultures.
Hilaria – who was born Hillary Lynn Hayward-Thomas – appeared to slip back into her old accent as she dodged questions about her husband’s involuntary manslaughter charge.
