Mary Carmack-Altwies, the district attorney who serves Santa Fe County, will charge star and producer Baldwin and armorer Hannah Gutierrez-Reed with two counts each of involuntary manslaughter.
Assistant director David Halls also signed a plea agreement for the charge of negligent use of a deadly weapon. The terms include a suspended sentence and six months of probation.
The DA’s office will file charges with New Mexico’s First Judicial District Court before the end of the month.
For involuntary manslaughter to be proved, there must be negligence. Under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. It includes a misdemeanor charge of negligent use of a firearm.
The jury could alternatively make a finding of involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved in Hutchins’ death. This charge includes a firearm enhancement, according to the DA, which carries an added penalty and makes the crime punishable by a mandatory five years in jail.
“If any one of these three people — Alec Baldwin, Hannah Gutierrez-Reed or David Halls — had done their job, Halyna Hutchins would be alive today. It’s that simple,” said special prosecutor Andrea Reeb in a statement Thursday. “The evidence clearly shows a pattern of criminal disregard for safety on the Rust film set. In New Mexico, there is no room for film sets that don’t take our state’s commitment to gun safety and public safety seriously.”
Santa Fe District Attorney Mary Carmack-Altwies said charges will be filed by the end of January, and that Baldwin and Gutierrez-Reed will be issued a summons to appear in court. She said prosecutors will forgo a grand jury and rely on a judge to determine if there is probable cause to move toward trial.
Andrea Reeb, a special prosecutor on the case, cited a “pattern of criminal disregard for safety” on the set.