Host Alec Baldwin arrives at the 2nd Annual NFL Honors in New Orleans
Reuters

KEY POINTS

  • Alec Baldwin was responsible for making sure the revolver was safe to handle
  • The movie's armorer who loaded the prop gun Baldwin shot faces the same charges as him
  • Baldwin settled a civil suit over the shooting with the victim's family in October

Alec Baldwin could be in prison for five years if convicted in connection to the death of "Rust" cinematographer Halyna Hutchins, a prosecutor said Thursday.

According to New Mexico District Attorney Mary Carmack-Altwies, Thursday, they would charge the Hollywood actor with two counts of involuntary manslaughter in the October 2021 killing of the cinematographer, Hutchins, 42. Prosecutors believe he had a responsibility to make sure the revolver was safe to handle, The New York Times reported.

"We're trying to definitely make it clear that everybody's equal under the law, including A-list actors like Alec Baldwin," Andrea Reeb, a special prosecutor appointed by Santa Fe County's district attorney to help handle the case, said during an interview. "And we also want to make sure that the safety of the film industry is addressed and things like this don't happen again."

Baldwin, 64, who accidentally fired the shot that killed Hutchins on the film set of their movie "Rust," was charged "in the alternative," which means that if he is found guilty, the jury will have to choose between two charges.

The first charge, involuntary manslaughter, is a fourth-degree felony that carries a sentence of 18 months in jail. While The second charge, involuntary manslaughter in the commission of a lawful act, is punishable with up to 18 months in prison as well — but prosecutors tacked on a firearm enhancement to the charge, which would instruct Baldwin to spend five years behind bars.

The movie's armorer, Hannah Gutierrez-Reed, who reportedly loaded the prop gun that Baldwin shot, also faces the same charges as the actor. Both accused have firmly denied responsibility for Hutchins' death and slammed the charges on Thursday.

"This decision distorts Halyna Hutchins' tragic death and represents a terrible miscarriage of justice," Luke Nikas, the lawyer representing Baldwin, told The Post, saying he would "fight these charges, and ... win."

"Mr. Baldwin had no reason to believe there was a live bullet in the gun — or anywhere on the movie set. He relied on the professionals with whom he worked, who assured him the gun did not have live rounds," he said.

Jason Bowles, the lawyer for Gutierrez-Reed, also told The Post his client "did not commit involuntary manslaughter" and said the DA's investigation into the shooting was "very flawed."

Los Angeles criminal law defense attorney Lou Shapiro said Baldwin could come out on top, especially since he already settled a civil suit over the shooting with Hutchins' family in October.

He also said that prosecutors don't really have "an easy sell" for Baldwin "because there were several other people who handled that weapon before him." However, Baldwin's job role as a producer of "Rust" could work against him. "If he was just merely an actor, I don't know that he would have been charged," Shapiro said. "I think being a producer of a set imputes a certain amount of responsibility as to what happens on the set."

Baldwin has had run-ins with paparazzi, an arrest for riding his bicycle the wrong way, an arrest over a parking space dispute, and social media feuds. But he has never faced manslaughter charges until now.

Alec Baldwin on set after the death of cinematographer Halyna Hutchins at the Bonanza Creek Ranch in Santa Fe, New Mexico
AFP