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Why Alec Baldwin was charged over 'Rust' shooting, according to Santa Fe district attorney

Why Alec Baldwin was charged over 'Rust' shooting, according to Santa Fe district attorney
uh well along with my special prosecutor, we got the report from the santa fe County Sheriff's office. We initiated an extensive review of that and I will say that it was *** it was *** well investigated case, but we had some follow up that we had to do had to speak with some experts and and once we read through everything and researched the case law and the law here in New Mexico, we realized that we believe that there was probable cause to charge alec baldwin and Hannah Guterres, read with involuntary manslaughter. And what were some of the key pieces of evidence that you used that factored into that decision? Well that there was such *** lack of safety and safety standards on that set um that there were live rounds on set. They were mixed in with regular dummy rounds, nobody was checking those or at least they weren't checking them consistently. And then they somehow got loaded into *** gun handed off to alec baldwin, He didn't check it, he didn't do any of the things that he was supposed to do to make sure that he was safe or that anyone around him was safe. And then he pointed the gun at Helena Hutchins and he pulled the trigger. You talk about the safety on the set as part of your investigation. Was there one thing that was done or one thing that was said that sealed it for you that this, this should be prosecuted? No, actually, I think it was the totality of the circumstances that this was *** really fast and loose set and that that nobody was doing their job. There were three people that if they had done their job that day, this tragedy wouldn't have happened. And that's david hauls, Hannah, Guterres, reed and alec baldwin. If they had just done their basic duties, this we wouldn't be standing here. Can you help our viewers understand? So this state state officials did *** report, it was signed by the chief medical investigator saying that there was no compelling evidence that this was intentional. Right. Right. So help our viewers understand if it's an accident, which most people seem to think it is, Why is that *** crime? Because just because it's an accident doesn't mean that it's not criminal. Um are involuntary manslaughter statute covers unintentional killings. Unintentional homicides. The rest of our homicide statutes cover intentional but unintentional means they didn't mean to do it, they didn't have the intent to kill, but it happened anyway, and it happened because of more than mere negligence because of the extra they didn't exercise due caution or circumspection and that's what happened here. And what's your response to, you know, there might be people in baldwin's camp who say that you were overcharging this. Well, we disagree and we're going to be taking that in front of *** judge and allowing the judge to decide on probable cause. But we think that there is enough there more than enough there to move forward on these charges and possibly to get through the preliminary hearing stage and on to trial and can you just break down the specific charges. So I was reading through your announcement, you say that both Hannah, gutierrez reed and alec ball one has been charged with two counts of involuntary manslaughter. Can you unpack that? What does that mean? Well and those are two counts in the alternative. So when this goes in front of *** jury, the jury could find their guilty on both. But since they're in the alternative they will only be sentenced as to one count. The first part of the involuntary that will be charging is that they acted with without due caution and circumspection meaning they weren't just negligent in their duties but that they were on notice that they had duties and that they should have done or not done something that didn't happen on that set, meaning they should have checked the bullets, they should have checked the gun. They shouldn't have even been using *** live gun that day. They should have been using *** rubber or plastic gun. Um all of these things go together and show that there was just this complacency lack of care on that set and it's more than negligence and I would say it rises to recklessness. The other is um goes hand in hand with *** misdemeanor, *** petty misdemeanor here in new Mexico called negligent use of *** deadly weapon and that is that someone handled or used or touched *** gun in *** negligent manner. And if we once we show that then that can lead to the second alternative theory of involuntary manslaughter. Does it matter for you know, an actor? Obviously there's been this discussion about safety on set the last time I interviewed you, you even mentioned like you were surprised to learn that you know, these sets operate like this and some some circumstances. But if you have an actor with what he or she thinks is *** prop gun, not *** real gun, is that actual negligence? If it turns out that that that gun can actually shoot, it's more than that. Um every person that handles *** gun has *** duty to make sure that if they're going to handle that gun pointed at someone and pull the trigger that it is not going to fire *** projectile and kill someone. And this is really about justice for Elena Hutchins. Um we've talked to many actors *** list and otherwise that have said that they always check their gun or they have someone check it in front of them. So it's not an actor doesn't get *** free pass just because they're an actor and that's what's so important is that we're saying here in New Mexico, everyone is equal under the law, everyone has to follow their duties and do what's right and take that safety into account so that this doesn't ever happen again as an actor who was holding the gun or as *** producer on the set, who was negligent about the safety standards? Can you help describe that he's being charged as both. He was the actor that pulled the trigger. So certainly he's charged as an actor but also as *** producer, he also had *** duty to make sure that the set was safe. And we know from our investigation that there had been accidental misfires prior to this, that there were people that were complaining about safety on set and so he should have been aware that safety was an issue on set and then as an actor that day he should have checked that gun checked those projectiles. Just *** couple more questions. You know, your time is short. Do you expect any type of plea agreement from baldwin or Gutierrez? Read have those discussions started? That's not something I can comment at this time. It's unethical for *** prosecutor to talk about plea negotiations or potential plea deals? Were they given *** heads up that this was coming? They were how did those discussions go? Um We have been in, I would say almost constant communication with with the opposing parties councils for about the last six weeks. They didn't know exactly what was coming, but they were aware that we were contemplating charges and they were aware of what the contemplated charges were just two more questions. So what happens next? So once these child charges are filed, assumes tomorrow right is that the plan? It'll be before the end of this month, Before the end of this month. So then what happens? Are these defendants then required to come back to new Mex or will they be placed under arrest? How does that work? No, we will not be asking for an arrest in typical cases in this county. The way that we handle it is we'll send out what's called *** summons from that. The court will set what's called *** first appearance or it's basically an arrangement and at that point they will either have to come here or they might do *** video arrangement. We have been doing this since covid and they will get their conditions of release and enter not guilty pleas. And finally, last time you and I spoke which was right after this tragic incident occurred, you told me that you know that there was pressure out there. People either wanting to charge people not wanting you to charge. One thing you said was you know, there's pressure. You do not feel that pressure and you will follow the facts and the prosecution decision will be made on the facts that was at the beginning of the case? Do you still feel the same? Now, looking backwards is you know, this obviously got international attention. Can you just talk about that. What what was it like trying to conduct this investigation and was it done in this consistent manner throughout? Oh, absolutely. Um, of course I knew there was pressure. Of course I knew that people had feelings one way or and or another, but that happens in every single case. And what's important to me as *** prosecutor is treating everyone equally under the law and getting justice for the victims. And so that pressure did not affect me in any way whatsoever. This was *** decision based on the facts and the evidence. Thank you for your time, appreciate it will throw it back to you. Obviously, *** major decision here that we've been waiting for in this case. Now. Actor alec baldwin as well as the armor on set charged with involvement in voluntary manslaughter. Yeah, so my colleague Kate is asking. So baldwin has said that he didn't pull the trigger. Obviously, we know the FBI report says that that gun could not have gone off cocked without pulling the trigger. Are you confident that he actually pulled the trigger? Yes, absolutely. The FBI lab is one of the best in the world and we absolutely believe that the trigger had to have been pulled in order for that gun to go off the trigger was pulled. So that your assessment is based on that FBI analysis, aquatic are looking at the gun itself and how it operated. That's right. And that's one of the reasons that this investigation did take *** long time. We were waiting on that trying to make sure we had all of the evidence and were able to gather absolutely everything and we were sure of these charges before we filed them. Great thank you ma'am, back to you. Yeah. And one question which we've had is do you know how the live round actually got on the set? We don't and we might not ever know the answer to that question and I do believe that's *** bit of *** red herring. The point is live rounds were there and they weren't checked. They should have been caught, three people should have been should have been checking those projectiles and should have caught them. But that wasn't *** major decision in your in your determination to actually charge here correct? Okay. And do you think that I mean you know obviously you look at the facts of this case but you know you mentioned before how surprised you were to see the the lack of safety on this set. Are you also trying to maybe send *** message to other you know people out there making movies that look there will be consequences. Is that part of your decision? Absolutely. Absolutely. In New Mexico we want you to come here, we want you to film movies but we want you to do it safely and we certainly want to get justice for anyone that is that is *** victim like in this case we want to get justice for Helena Hutchins
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Why Alec Baldwin was charged over 'Rust' shooting, according to Santa Fe district attorney
Actor Alec Baldwin will be charged with two counts of involuntary manslaughter in the fatal shooting of cinematographer  Halyna Hutchins on the set of the Western movie "Rust," as will the armorer who oversaw all weapons used in the production.Video above: Santa Fe County District Attorney speaks on charges filed in 'Rust' movie shootingBaldwin, who has maintained he was not aware the gun he fired contained a live round, called the New Mexico prosecutors' decision "a terrible miscarriage of justice," according to his attorney, Luke Nikas, who vowed to fight the charges.Jason Bowles, an attorney for the film's armorer, Hannah Gutierrez Reed, said a jury will find his client not guilty because she has "committed no crime."Hutchins was struck and killed in 2021 by a live round of ammunition fired from a prop gun being held by Baldwin, who maintains he did not pull the gun's trigger. Director Joel Souza was injured. Charges will not be filed against Souza, prosecutors said.The cause of death is listed as "gunshot wound of chest," and the manner of death as an "accident.""It is a comfort to the family that, in New Mexico, no one is above the law," said a statement from attorney Brian J. Panish, on behalf of the Hutchins family.Here is why New Mexico First Judicial District Attorney Mary Carmack-Altwies, who spoke with CNN on Thursday, said she decided to file charges:'An actor does not get a free pass'Other actors — including "A-list" celebrities — consulted by prosecutors said they "always check their guns or have someone check it in front of them," Carmack-Altwies told CNN shortly after announcing her intention to file involuntary manslaughter charges."Every person that handles a gun has a duty to make sure that if they're going to handle that gun, point it at someone and pull the trigger, that it is not going to fire a projectile and kill someone," she said.She added, "An actor does not get a free pass just because they are an actor. That is what is so important. We are saying here in New Mexico, that everyone is equal under the law."'There was such a lack of safety' on setLive rounds were mixed in with dummy rounds on the set, and crews were not checking ammunition regularly, Carmack-Altwies said."There was such a lack of safety and safety standards on that set... There were live rounds on set," she added."Nobody was checking those or at least they weren't checking them consistently. And then they somehow got loaded into a gun handed off to Alec Baldwin. He didn't check it. He didn't do any of the things that he was supposed to do to make sure that he was safe or that anyone around him was safe. And then he pointed the gun at Halyna Hutchins and he pulled the trigger."Carmack-Altwies described the production as "a really fast and loose set" when it came to safety and said "nobody was doing their job."'Accident doesn't mean that it's not criminal'The summary of the postmortem investigation into Hutchins' death — which was formally signed by the New Mexico chief medical investigator — said "law enforcement reports showed no compelling demonstration that the firearm was intentionally loaded with live ammunition.""Based on all available information, including the absence of obvious intent to cause harm or death, the manner of death is best classified as accident," the report concluded.Carmack-Altwies said "just because it's an accident doesn't mean that it's not criminal.""Our involuntary manslaughter statute covers unintentional killings," she said."Unintentional, that means they didn't mean to do it. They didn't have the intent to kill. But it happened anyway, and it happened because of more than mere negligence... They didn't exercise due caution or circumspection and that's what happened here."Carmack-Altwies said there is "more than enough" evidence to support the charges and bring the case to trial.'The trigger had to have been pulled'An FBI forensics report said the weapon could not be fired during FBI testing of its normal functioning without pulling the trigger while the gun was cocked.The report also noted the gun eventually malfunctioned during testing after internal parts fractured, which caused the gun to go off in the cocked position without pulling the trigger.The prop gun was being held by Baldwin, who has maintained he did not pull the trigger."The FBI lab is one of the best in the world," Carmack-Altwies told CNN. "And we absolutely believe that the trigger had to have been pulled in order for that gun to go off."Baldwin faces culpability as actor and producer Baldwin was playing the lead role in "Rust" and was taking a producer credit on the film."He was the actor that pulled the trigger so certainly he's charged as an actor but also as a producer," Carmack-Altwies said."He also had a duty to make sure that the set was safe and we know from our investigation that there had been accidental misfires prior to this."The prosecutor said investigators discovered "there were people complaining about safety on set." Baldwin, she added, "should have been aware that safety was an issue ... And then, as an actor that day, he should have checked that gun, checked those projectiles."CNN senior legal analyst Elie Honig said he was stunned by the decision to charge Baldwin both as actor and producer -- which are "completely different factual and legal scenarios.""The question about a producer — that gets into the questions of what exactly was Alec Baldwin's job, what were his responsibilities," Honig said. "And look, sometimes people are producers in name ... but are not actually in charge of things in a hands-on way."Honig said criminal proceedings place "the highest burden in our legal system on prosecutors" to prove a case beyond a reasonable doubt. "It's never easy," he said.The case will rely heavily on the expertise of prop masters who will have different views on the obligations of actors and crew members, Honig said."You need all 12 jurors to find guilt beyond a reasonable doubt," he added. "So I'm not saying that there's no chance here, but this is a really difficult case for the prosecution."How live rounds got on set is 'a red herring'Carmack-Altwies said prosecutors might never know how live rounds made it onto the movie set."And I do believe that's a bit of a red herring," she added. "The point is live rounds were there and they weren't checked. They should have been caught."Honig said "a major factual issue" will be how the live rounds got onto the set."The defense lawyer is going to stand in front of a jury someday and say, 'They want you to convict my client and they can't even tell you how those live rounds got there,'" Honig said.Carmack-Altwies told CNN the charges will send a clear message about safety at future productions in the state."In New Mexico, we want you to come here," she said. "We want you to film movies but we want you to do it safely. And we certainly want to get justice for anyone that is a victim... We want to get justice for Halyna Hutchins."

Actor with two counts of involuntary manslaughter in the fatal shooting of cinematographer  Halyna Hutchins on the set of the Western movie "Rust," as will the armorer who oversaw all weapons used in the production.

Video above: Santa Fe County District Attorney speaks on charges filed in 'Rust' movie shooting

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Baldwin, who has maintained he was not aware the gun he fired contained a live round, called the New Mexico prosecutors' decision "a terrible miscarriage of justice," according to his attorney, Luke Nikas, who vowed to fight the charges.

Jason Bowles, an attorney for the film's armorer, Hannah Gutierrez Reed, said a jury will find his client not guilty because she has "committed no crime."

was struck and killed in 2021 by a fired from a prop gun being held by Baldwin, who maintains he did not pull the gun's trigger. Director Joel Souza was injured. Charges will not be filed against Souza, prosecutors said.

The cause of death is listed as "gunshot wound of chest," and the manner of death as an "accident."

"It is a comfort to the family that, in New Mexico, no one is above the law," said a statement from attorney Brian J. Panish, on behalf of the Hutchins family.

Here is why New Mexico First Judicial District Attorney Mary Carmack-Altwies, who spoke with CNN on Thursday, said she decided to file charges:

'An actor does not get a free pass'

Other actors — including "A-list" celebrities — consulted by prosecutors said they "always check their guns or have someone check it in front of them," Carmack-Altwies told CNN shortly after announcing her intention to file involuntary manslaughter charges.

"Every person that handles a gun has a duty to make sure that if they're going to handle that gun, point it at someone and pull the trigger, that it is not going to fire a projectile and kill someone," she said.

She added, "An actor does not get a free pass just because they are an actor. That is what is so important. We are saying here in New Mexico, that everyone is equal under the law."

'There was such a lack of safety' on set

Live rounds were mixed in with dummy rounds on the set, and crews were not checking ammunition regularly, Carmack-Altwies said.

"There was such a lack of safety and safety standards on that set... There were live rounds on set," she added.

"Nobody was checking those or at least they weren't checking them consistently. And then they somehow got loaded into a gun handed off to Alec Baldwin. He didn't check it. He didn't do any of the things that he was supposed to do to make sure that he was safe or that anyone around him was safe. And then he pointed the gun at Halyna Hutchins and he pulled the trigger."

Carmack-Altwies described the production as "a really fast and loose set" when it came to safety and said "nobody was doing their job."

'Accident doesn't mean that it's not criminal'

The summary of the postmortem investigation into Hutchins' death — which was formally signed by the New Mexico chief medical investigator — said "law enforcement reports showed no compelling demonstration that the firearm was intentionally loaded with live ammunition."

"Based on all available information, including the absence of obvious intent to cause harm or death, the manner of death is best classified as accident," the report concluded.

Carmack-Altwies said "just because it's an accident doesn't mean that it's not criminal."

"Our involuntary manslaughter statute covers unintentional killings," she said.

"Unintentional, that means they didn't mean to do it. They didn't have the intent to kill. But it happened anyway, and it happened because of more than mere negligence... They didn't exercise due caution or circumspection and that's what happened here."

Carmack-Altwies said there is "more than enough" evidence to support the charges and bring the case to trial.

'The trigger had to have been pulled'

An FBI forensics report said the weapon could not be fired during FBI testing of its normal functioning without pulling the trigger while the gun was cocked.

The report also noted the gun eventually malfunctioned during testing after internal parts fractured, which caused the gun to go off in the cocked position without pulling the trigger.

The prop gun was being held by Baldwin, who has maintained he did not pull the trigger.

"The FBI lab is one of the best in the world," Carmack-Altwies told CNN. "And we absolutely believe that the trigger had to have been pulled in order for that gun to go off."

Baldwin faces culpability as actor and producer

Baldwin was playing the lead role in "Rust" and was taking a producer credit on the film.

"He was the actor that pulled the trigger so certainly he's charged as an actor but also as a producer," Carmack-Altwies said.

"He also had a duty to make sure that the set was safe and we know from our investigation that there had been accidental misfires prior to this."

The prosecutor said investigators discovered "there were people complaining about safety on set." Baldwin, she added, "should have been aware that safety was an issue ... And then, as an actor that day, he should have checked that gun, checked those projectiles."

CNN senior legal analyst Elie Honig said he was stunned by the decision to charge Baldwin both as actor and producer -- which are "completely different factual and legal scenarios."

"The question about a producer — that gets into the questions of what exactly was Alec Baldwin's job, what were his responsibilities," Honig said. "And look, sometimes people are producers in name ... but are not actually in charge of things in a hands-on way."

Honig said criminal proceedings place "the highest burden in our legal system on prosecutors" to prove a case beyond a reasonable doubt. "It's never easy," he said.

The case will rely heavily on the expertise of prop masters who will have different views on the obligations of actors and crew members, Honig said.

"You need all 12 jurors to find guilt beyond a reasonable doubt," he added. "So I'm not saying that there's no chance here, but this is a really difficult case for the prosecution."

How live rounds got on set is 'a red herring'

Carmack-Altwies said prosecutors might never know how live rounds made it onto the movie set.

"And I do believe that's a bit of a red herring," she added. "The point is live rounds were there and they weren't checked. They should have been caught."

Honig said "a major factual issue" will be how the live rounds got onto the set.

"The defense lawyer is going to stand in front of a jury someday and say, 'They want you to convict my client and they can't even tell you how those live rounds got there,'" Honig said.

Carmack-Altwies told CNN the charges will send a clear message about safety at future productions in the state.

"In New Mexico, we want you to come here," she said. "We want you to film movies but we want you to do it safely. And we certainly want to get justice for anyone that is a victim... We want to get justice for Halyna Hutchins."