According to Adan Mendoza, Santa Fe County Sheriff, criminal charges were not ruled out in the case against Baldwin for shooting Halyna Hutchins on set of Rust. The film's star Alec Baldwin was killed by the gun he used. Before he shot Hutchins, and Joel Souza, the assistant director Dave Halls told Baldwin that the revolver was cold.
Mary Carmack-Altwies and the sheriff's office are currently investigating what happened. Living ammunition is prohibited from movie sets. Halls and Hannah Gutierrez–Reed, the film's armorer, were responsible to ensure safe and proper handling of weapons. Baldwin was also a producer of the film. Crew members expressed concerns about working conditions on the set in the days preceding the tragedy.
Carmach-Altwies stated that all options are open at the moment, referring to the ongoing investigation during today's press conference. None of these options have been eliminated.
Live rounds of set, reports of unsafe work conditions
According to the Los Angeles Times, crew members on Rust left the set hours before Hutchins's shooting to protest unsafe conditions. Baldwins' stunt doubled the number of live rounds he was firing after being misled that they were cold. This occurred before the fatal shooting.
Halls, the assistantdirector, was previously the subject of complaints about his handling of safety protocols. After a gun accidentally went off on set, and injuring a crew member, he was fired from Freedoms Path. According to The Wrap, crew members used prop guns to fire at live ammunition in beer cans earlier in the day. This happened before Hutchins was shot.
Mendoza stated today at the press conference that a lead projectile was recovered by the sheriff's office from the gun. It was clear that Baldwin was given a weapon with a live round.
Stuart Fraenkel, an LA lawyer who represented clients in cases involving death and injury, stated that this changes the dynamics of a criminal case. Prop guns should not have rounds in them. This was shocking to me.
Hutchins had previously posted on Instagram to support crew members representing the International Alliance of Theatrical Stage Employees, (IATSE) who threatened to strike due to unsafe working conditions.
Alec Baldwin could be facing criminal charges
Although much remains to be known about the exact method by which a live projectile was loaded into Baldwin's gun, Fraenkel stated that as the investigation continues, he expects to see each individual involved in the film to determine if evidence exists to support their actions as manslaughter.
Fraenkel stated that Baldwin was no exception. He not only shot the scene, but also served as a producer and may have had some responsibility for overseeing safety procedures. Although he was listed as one of five producers on the Los Angeles Times call sheet, it is not clear what his role was. Sometimes producers are an actor's most important role, and other times it is a vanity title.
It is difficult to understand it when you are not in the production. Travis Knox, an associate professor at Chapman University of producing, explained this to the LA Times. He was trying to decipher the hierarchy of production teams. It's impossible to know.
According to the Hollywood Reporter, sources refute the idea that Rust was Baldwin's vanity title. He co-authored the film with Souza and shared a story.
Fraenkel stated that Baldwin could be considered an actor. However, the bar for proving that the actor acted with no caution or circumspection, which is the standard used to determine whether there was involuntary manslaughter, might be lower. The lawyer said that there may be more questions about negligence if Baldwin was partially responsible for overseeing security protocols at the set.
Fraenkel stated that the district attorney will have great discretion in deciding whether or not to charge Baldwin. He said that there will be a lot pressure on the DA to make the right choice. It is also possible that civil charges will be brought against the shooters.
Carmach-Altwies thanked her for her patience while she completed the investigation. She said it would take many more facts before it can determine if Hutchins' death was caused by criminal negligence.
