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Alec Baldwin on the set of "Rust": Negligent homicide?
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Actor Alec Baldwin held a prop gun in his hand while filming the western »Rust« and a shot went off, killing cinematographer Halyna Hutchins.
Who is responsible for the accident?
Investigators have been dealing with this question since October 2021 - and have now come to the conclusion to press charges against Baldwin.
The overview.
The shot
Alec Baldwin was in front of the camera for the western »Rust« on October 21, 2021.
He plays outlaw Harland Rust.
The film crew rehearsed a scene in a church at Bonanza Creek Ranch, a recreated prairie town near Santa Fe.
Baldwin aimed a revolver directly at the camera for a close-up.
A conclusion broke and met cinematographer Halyna Hutchins and director Joel Souza.
Hutchins, 42, succumbed to her injuries in hospital, and Souza, 48, suffered serious but non-life-threatening injuries.
Baldwin, also co-producer of the film, spoke of a "tragic accident".
He is cooperating fully with the police to help clarify the background to this "tragedy".
"The entire cast and crew are devastated by today's tragedy," the production company said.
How did live ammunition get into the movie gun?
The film gun should not have been loaded with live ammunition, but there was a real cartridge in the revolver.
Investigators later found more live ammunition on the set.
Arms Master Hannah Gutierrez-Reed was in charge of the revolver.
However, she denied responsibility.
A lawyer for the weapons master even brought sabotage into play.
Gutierrez-Reed loaded the prop gun with bullets from a dummy cartridge box.
"The person who put the live cartridge in the dummy cartridge box must have intended to sabotage this film set." He offered no evidence.
The Santa Fe District Attorney found the allegations implausible.
According to investigations, Baldwin was given the weapon on the set as a "cold gun", i.e. as a weapon without live ammunition.
Baldwin said in an interview with ABC News that he pointed the revolver at Hutchins on set at her direction.
The gun went off without him pulling the trigger.
Why is Baldwin being charged?
Lead actor and co-producer Baldwin and armorer Hannah Gutierrez-Reed have now been charged with manslaughter.
The public prosecutor's office speaks in the indictment of reckless safety deficiencies on the set.
Baldwin failed to complete any mandatory weapons training for actors prior to filming.
"The training was planned to last at least an hour or more, but the actual training lasted only about 30 minutes because, according to Reed, Baldwin was distracted during the training and was on a cell phone with his family," the document said, according to CNN.
The indictment also challenges Baldwin's statement that the shot went off without his doing.
The investigation had shown that he had his finger on the trigger and operated the weapon.
"Baldwin's deviation from known standards, practices and protocols directly caused the death of Hutchins," said Robert Shilling, a special counsel for the Santa Fe Attorney's Office.
In his role as producer, Baldwin also decided to work with Gutierrez-Reed, who was underqualified and inexperienced as a gunsmith, the indictment alleges.
She disregarded many safety precautions, for example she was not in the same room with Baldwin at the shooting scene.
Despite her supervision, live ammunition got onto the set.
Investigators found five real cartridges at the location and the case of the deadly bullet, it is said.
What do the accused say?
Baldwin and Gutierrez-Reed have both maintained their innocence and said they would take action against any charges.
Baldwin's attorney, Luke Nikas, declined to comment Tuesday, citing an earlier statement in which he described the charges as 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," the statement said. "He relied on the professionals he worked with."
What threatens Baldwin now?
After the indictment, Baldwin and Gutierrez-Reed receive a subpoena to appear in court.
The court must then decide whether to initiate a process.
A decision can take up to 60 days.
Then the prosecution could develop in several directions.
Either there is no trial, or the two accused will be tried for involuntary manslaughter.
In this case there are two variants:
One would require proving negligence, which, under New Mexico law, is punishable by up to 18 months in prison and a $5,000 fine.
In the second variant, the ruthless disregard for security "without due caution and prudence" would have to be proven.
This is usually punished more severely, up to five years in prison.
A jury can decide which definition of manslaughter to pursue in the potential trial, prosecutors said.
Baldwin faces several years in prison if convicted.
ptz/dpa/AP
