Involuntary manslaughter charges could be filed, lawyers say
An aerial view of the film set on Bonanza Creek Ranch where Hollywood actor Alec Baldwin fatally shot cinematographer Halyna Hutchins and wounded a director when he discharged a prop gun on the movie set of the film “Rust” in Santa Fe, New Mexico, U.S., in this frame grab taken from October 21, 2021 television footage. Footage taken October 21, 2021.
KOB TV NEWS | Reuters
The accidental death of cinematographer Halyna Hutchins on the set of “Rust” will likely lead to civil suits, lawyers said, but it is unclear whether criminal charges will be brought against the two crew members who inspected the prop gun fired by Alec Baldwin.
“It will go to civil court 100%,” said Richard Kaplan, a criminal defense attorney. “There was someone who was killed on a movie set because of negligence. The family, of course, will do that and have the right to do that, and everyone expects that.”
New Mexico authorities have not ruled out criminal charges. But even with solid evidence of negligence, prosecutors may choose not to file charges against members of the “Rust” crew, Kaplan said.
The investigation is ongoing, Santa Fe County Sheriff Adan Mendoza said Wednesday during a joint news conference with New Mexico First Judicial District Attorney Mary Carmack-Altwies.
Investigators disclosed that 500 rounds were located on the set, which were a mix of blank ammunition, dummy rounds and, possibly, live rounds. This evidence will be submitted to the Federal Bureau of Investigation crime lab in Quantico, Virginia, for analysis, Mendoza said.
Authorities told reporters Wednesday that they believe they found the lead projectile that killed Hutchins. They said it was removed from the shoulder of injured director Joel Souza.
‘Totally preventable’
“I think there’s all kinds of scenarios that can play out here,” Mendoza told NBC’s Miguel Almaguer in an interview Thursday. “We need to make a determination of who was responsible for bringing the rounds onto set and why they were there, and then ultimately who was responsible for the safety of that firearm, and up until the firing of the firearm.”
Mendoza said there wasn’t any clear organization of ammunition on set and called the tragedy “totally preventable.”
Carmack-Altwies said in a separate interview with Almaguer that New Mexico does not have a negligent homicide charge and that an involuntary manslaughter charge would be used instead.
Involuntary manslaughter, in this case, occurs when a person or persons is engaging in a lawful act but unintentionally kills someone by being negligent or not exercising due care. Involuntary manslaughter is a fourth-degree felony and carries a sentence of up to 18 months in prison and probation.
“We have started researching and started looking into potential charges,” Carmack-Altwies said, “not because we are looking at charging someone but because that’s what we have to do as prosecutors.”
This research is important because criminal cases are held to a higher standard than civil cases and the…
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