Grand jury indictment against Alec Baldwin opens two paths for prosecutors

SANTA FE, N.M. – Alec Baldwin as soon as once more is staring down a legal involuntary manslaughter price after a grand jury indicted the actor in reference to the deadly 2021 taking pictures of a cinematographer at the set of a Western film 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.

A new analysis of the gun opened the way for prosecutors to reboot the case, after dismissing an involuntary manslaughter charge last year. A new one-page indictment delivered by the grand jury Friday alleges Baldwin caused Hutchins’ death — either by negligence or “total disregard or indifference” for protection.

Defense attorneys for Baldwin indicate they’ll fight the charge, which carries a potential prison sentence of up to 18 months.

Here are a few things to grasp concerning the case.

Next steps

Baldwin can enter a formal plea with or without a court arraignment, setting in motion preparations for trial.

The indictment provides prosecutors with two alternative standards for the felony involuntary manslaughter charge against Baldwin. One would be based on the negligent use of a firearm.

Baldwin has said he pulled back the gun’s hammer, but not the trigger, and the weapon fired. But a recent analysis of the gun used by Baldwin from Lucien and Michael Haag of Forensic Science Services in Arizona concluded that “the cause needed to be pulled or depressed sufficiently to liberate the absolutely cocked or retracted hammer of the proof revolver.” Michael Haag testified to the grand jury this week as a witness, in line with the brand new indictment.

An previous FBI record at the company’s research of the gun discovered that, as is not unusual with firearms of that design, it would pass off with out pulling the cause if power was once implemented to an uncocked hammer — equivalent to through losing the weapon. The gun ultimately broke all over trying out.

A 2d selection for prosecutors is to turn out past an inexpensive doubt that Baldwin brought about the demise of Hutchins with out due warning or “circumspection,” additionally outlined as “an act committed with total disregard or indifference for the safety of others.”

Baldwin as co-producer

Prosecutors declined to reply to questions Friday after spending about an afternoon and a part presenting their case to the grand jury.

Santa Fe-based protection legal professional and previous prosecutor John Day, who isn’t hooked up to the case, believes the indictment offers prosecutors a imaginable alternative to handle Baldwin’s protection duties as a co-producer.

“We don’t know exactly what their theory is,” Day mentioned. “It could be that they’re including his role as basically CEO of the production … not having a safe workplace and somebody dies and you’re at the top of the pyramid.”

The corporate Rust Movie Productions has paid a $100,000 tremendous to state office protection regulators following a scathing narrative of protection screw ups in violation of usual business protocols, together with testimony that manufacturing managers took restricted or no motion to handle two misfires on set prior to the deadly taking pictures.

Two comparable trials

Separately, particular prosecutors Kari Morrissey and Jason Lewis are making ready for a February trial against “Rust” armorer Hannah Gutierrez-Reed, who has pleaded now not to blame to involuntary manslaughter and proof tampering within the case.

That trial is more likely to continue independently — and may give Baldwin’s legal professionals insights into prosecution methods and testimony from key witnesses who’re more likely to additionally testify in court cases against Baldwin.

“His attorneys will certainly be watching the armorer’s trial closely,” mentioned Los Angeles-based leisure litigator and protection legal professional Kate Mangels, who isn’t concerned within the case. “It could offer a preview of the prosecution’s approach and potential witness testimony.”

Baldwin’s case was once assigned to Santa Fe-based state District Court Judge T. Glenn Ellington, a expert in felony instances. The Gutierrez-Reed case is overseen through a unique pass judgement on.

“We look forward to our day in court,” mentioned Luke Nikas and Alex Spiro, protection legal professionals for Baldwin.

Potential witnesses

Two of the witnesses noticed on the courthouse integrated team contributors — person who was once provide when the deadly shot was once fired and some other who had walked off the set the day prior to because of protection considerations.

“Rust” assistant director and protection coordinator David Halls pleaded no contest to unsafe dealing with of a firearm closing March and won a suspended sentence of six months of probation. He agreed to cooperate within the taking pictures investigation.

New courtroom filings Friday point out that “Rust” prop grasp Sarah Zachry has signed an settlement to cooperate with particular prosecutors in go back for leniency. Zachry labored carefully to protected weapons and ammunition on set with Gutierrez-Reed.

Mangels mentioned a grand jury indictment is under no circumstances an assurance that prosecutors will succeed at trial.

“Just getting an indictment from a grand jury in no way means the prosecution has a slam dunk case or even a strong case,” she mentioned.