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Firearm enhancement charge dropped in Alec Baldwin movie set shooting case

Firearm enhancement charge dropped in Alec Baldwin movie set shooting case
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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Firearm enhancement charge dropped in Alec Baldwin movie set shooting case
The charges filed against Alec Baldwin and Hannah Gutierrez-Reed in connection to the fatal "Rust" movie set shooting are changing. According to court documents, both will now only be charged with involuntary manslaughter without a firearm enhancement charge. That means prosecutors have dropped the possibility of a sentence enhancement that could have carried a mandatory five-year sentence against Baldwin.The actor-producer's attorneys had earlier objected to the enhancement, saying it was unconstitutional because it was added after the October 2021 shooting."The prosecutors committed a basic legal error by charging Mr. Baldwin under a version of the firearm-enhancement statue that did not exist on the date of the accident," Baldwin's attorneys said in an earlier court filing.Baldwin's attorney declined to comment.Baldwin and Hannah Gutierrez-Reed, the weapons supervisor on the set of the film "Rust," were charged last month with felony involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins, who died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe.Authorities said Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding director Joel Souza.Hutchins' parents and sister have filed a lawsuit over the shooting after a similar suit filed by her husband and son was settled.Production is expected to resume this spring on "Rust" after it was halted following the shooting. Rust Movie Productions said Hutchins' widower, Matthew Hutchins, will be the film's new executive producer with Blanca Cline as the new cinematographer.Rust Movie Productions said last week a related documentary will detail the completion of the film and the life of Halyna Hutchins.Souza will return as director when production resumes, although it's unclear in what state the filming will take place.Rust Movie Productions officials said the use of "working weapons" and "any form of ammunition" will be prohibited on the movie set.Previously, Baldwin and Gutierrez-Reed were both charged with involuntary manslaughter with the enhancement attached.The district attorney filed the amended charges last Friday. Baldwin and Gutierrez-Reed are scheduled to be in court Feb. 24.

The charges filed against Alec Baldwin and Hannah Gutierrez-Reed in connection to the fatal "Rust" movie set shooting are changing.

According to court documents, both will now only be charged with involuntary manslaughter without a firearm enhancement charge.

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That means prosecutors have dropped the possibility of a sentence enhancement that could have carried a mandatory five-year sentence against Baldwin.

The actor-producer's attorneys had earlier objected to the enhancement, saying it was unconstitutional because it was added after the October 2021 shooting.

"The prosecutors committed a basic legal error by charging Mr. Baldwin under a version of the firearm-enhancement statue that did not exist on the date of the accident," Baldwin's attorneys said in an earlier court filing.

Baldwin's attorney declined to comment.

Baldwin and Hannah Gutierrez-Reed, the weapons supervisor on the set of the film "Rust," were charged last month with felony involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins, who died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe.

Authorities said Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding director Joel Souza.

Hutchins' parents and sister have filed a lawsuit over the shooting after a similar suit filed by her husband and son was settled.

Production is expected to resume this spring on "Rust" after it was halted following the shooting. Rust Movie Productions said Hutchins' widower, Matthew Hutchins, will be the film's new executive producer with Blanca Cline as the new cinematographer.

Rust Movie Productions said last week a related documentary will detail the completion of the film and the life of Halyna Hutchins.

Souza will return as director when production resumes, although it's unclear in what state the filming will take place.

Rust Movie Productions officials said the use of "working weapons" and "any form of ammunition" will be prohibited on the movie set.

Previously, with involuntary manslaughter with the enhancement attached.

The district attorney filed the amended charges last Friday.

Baldwin and Gutierrez-Reed are scheduled to be in court Feb. 24.