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The indictment of Alec Baldwin by a grand jury opens two paths for prosecutors

NPR: https://www.npr.org/2024/01/19/1225700496/alec-baldwin-is-indicted-in-fatal-shooting-of-cinematographer-after-new-gun-anal

A grand jury indictment of Baldwin for manslaughter in the 2021 shooting of a cinematographer in Santa Fe, New Mexico

Santa Fe, N.M. Alec Baldwin once again is staring down a felony involuntary manslaughter charge after a grand jury indicted the actor in connection with the fatal 2021 shooting of a cinematographer on the set of a Western movie in New Mexico. The lead actor and a co-producer on “Rust,” Baldwin pointed a gun at cinematographer Halyna Hutchins during rehearsal on a movie set outside Santa Fe when the gun went off, killing her and wounding director Joel Souza.

Baldwin was shooting a film in Santa Fe, New Mexico, in October of 2020 when the gun went off and killed Halyna Hutchins, the cinematographer, and wounded the director.

Judges agreed to put on hold several civil lawsuits after prosecutors said that they would present charges to a grand jury. The film crew is included in those suits.

Baldwin can enter a formal plea with or without a court meeting, setting the stage for trial. The indictment gives prosecutors two different standards for the charge of manslaughter against Baldwin. One would be based on the negligent use of a firearm. Baldwin claimed he pulled back the weapon’s hammer, but not the gun, and it fired. The gun used by Baldwin had to be pulled or depressed so that the hammer of the evidence revolver could be released. According to the new indictment, Michael Haag testified this week to the grand jury. An earlier FBI report on the agency’s analysis of the gun found that, as is common with firearms of that design, it could go off without pulling the trigger if force was applied to an uncocked hammer — such as by dropping the weapon. The gun broke during testing. If the prosecutors can’t prove beyond a reasonable doubt that Baldwin caused the death of Hutchins without due caution or “circumspection,” they can try a second option where they can show an act of total disregard or indifference for the safety of others.

After parts of the pistol that Baldwin fired were broken during testing by the FBI, experts relied on replacement parts to reassemble the gun. The gun and markings it left for a spent gun were looked at to see if the gun had been pulled or depressed.

The weapons supervisor on the movie set pleaded not guilty to charges of manslaughter and evidence tampering. Her trial is scheduled to begin in February.

“Rust” assistant director and safety coordinator David Halls pleaded no contest to unsafe handling of a firearm last March and received a suspended sentence of six months of probation. He will help the investigation into the shooting.

The Hutchins ‘Rust’ Fireball: A Case Study of Carelessness and Safety in the Production of a Muon and a Nucleus

If the tester wanted to get it to fire, they had to strike the gun with a mallet while the hammer was still on the magazine or pull the button on the gun while it was fully holstered. During testing, the gun broke.

Four wrongful death claims were filed by members of Hutchins’ family in the wake of the shooting, accusing the defendants of being careless with safety standards. Baldwin has disputed some of the allegations.

Rust Movie Production company has paid a $100,000 fine after it was found that they had violated industry protocols and failed to address a couple of fatal shooting incidents on set.

The filming of “Rust” resumed last year in Montana, under an agreement with the cinematographer’s widower, Matthew Hutchins, that made him an executive producer.

Witness Predictions for Morrissey and Lewis’s “Rust”-Aligned Trial in Baldwin’s Case

Separately, special prosecutors Kari Morrissey and Jason Lewis are preparing for a February trial against “Rust” armorer Hannah Gutierrez-Reed, who has pleaded not guilty to involuntary manslaughter and evidence tampering in the case. Baldwin’s attorneys could get insight into prosecution strategies and testimony from key witnesses who will likely testify against him in that trial. Kate Mangels is a Los Angeles-based entertainment litigator and defense attorney who is not involved in the case. “It could offer a preview of the prosecution’s approach and potential witness testimony. Santa Fe-based state District Court Judge T. Glenn Ellington, a specialist in criminal cases, was assigned Baldwin’s case. The case is being overseen by a different judge. “We look forward to our day in court,” said Luke Nikas and Alex Spiro, defense attorneys for Baldwin.

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