(Los Angeles) American actor Alec Baldwin, author of a fatal shooting on the set of the film Rust in 2021, was charged with manslaughter and faces up to five years in prison if found guilty of aggravated negligence, a prosecutor announced on Tuesday.
The film’s gunwoman Hannah Gutierrez-Reed, who handled the gun, is facing the same charge, said Santa Fe County District Attorney in New Mexico, Mary Carmack-Altwies.
“No one is above the law and justice will be served,” she insisted in a statement.
On October 21, 2021, this shooting on a ranch in New Mexico had turned tragic when Mr. Baldwin had activated a weapon supposed to contain only blank bullets, but whose very real projectile had killed the cinematographer Halyna Hutchins , 42, and injured director Joel Souza.
This rare news item had shocked Hollywood and had a strong impact, triggering calls to ban firearms on the sets, where the presence of live ammunition is in theory already prohibited.
If convicted of simple manslaughter, Alec Baldwin and Hannah Gutierrez-Reed risk up to 18 months in prison. But this sentence could be increased to a maximum of five years in prison in the event of aggravated negligence.
During firearms training, the actor appeared “distracted and was talking on the phone with his family,” according to a document released Tuesday by the prosecutor. He stayed only 30 minutes when the session was supposed to last “at least an hour or more”, according to the account of the armourer to the investigators.
The prosecutor announced her intention to prosecute on January 20. The actor’s lawyer, Luke Nikas, then denounced a “terrible miscarriage of justice”.
“Mr. Baldwin had no reason to believe that a live ammunition was in the gun, or anywhere else at the shooting location,” he insisted.
Alec Baldwin, 64, best known for the series 30Rockalways said that he had been assured that his weapon was harmless.
Assistant director David Halls, who had given him the weapon, informing him that it was not dangerous, will be accused of negligence when using a deadly weapon. Lawsuits he chose not to contest.
Mr Baldwin also denies pulling the trigger, a claim that many experts doubt.
In August, the actor said he expected no one to be charged, telling CNN he had hired a private detective to establish responsibilities in the case.
The tragedy gave rise to a flurry of civil lawsuits from several members of the team.
In October, Alec Baldwin announced that he had reached an agreement ending the civil lawsuits brought by the family of Mme Hutchins. Its amount was not disclosed.
At the time, the resumption of filming of Rust had also been announced for early 2023. The late cinematographer’s widower, Matthew Hutchins, is to be promoted to executive producer on the film.