Explained: What is involuntary manslaughter, the criminal charge faced by Alec Baldwin on the sets of Rust

Explained: What is involuntary manslaughter, the criminal charge faced by Alec Baldwin on the sets of Rust

FP Staff February 1, 2023, 11:36:18 IST

Alec Baldwin has said he had no reason to believe there was a live bullet in the gun he discharged.

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Explained: What is involuntary manslaughter, the criminal charge faced by Alec Baldwin on the sets of Rust

Hollywood actor Alec Baldwin and armourer Hannah Gutierrez-Reed were charged with involuntary manslaughter in the fatal shooting of cinematographer named Halyna Hutchins on the sets of Rust. As per the first Judicial court in New Mexico, the cast and crew of the film failed to follow the standard safety protocols on the sets of the film. Robert Shilling, a special investigator in the Santa Fe, New Mexico, district attorney’s office, wrote in a statement, “In a rehearsal, a plastic gun or replica gun should be used as no firing of blanks is required.” He added, “Evidence shows Baldwin failed to appear for mandatory firearms training and firearms safety training prior to filming.” While Baldwin became the first Hollywood actor to face criminal charges for on-set death, he might face a rigorous punishment under involuntary manslaughter. Overview of involuntary manslaughter The term usually refers to an unintentional killing, resulting from criminal negligence or recklessness. This charge carries a potential of 5 years imprisonment. In Baldwin’s case, prosecutors will have to convince the jury that the actor wilfully acted the disregard others’ safety on the sets.

Halyna Hutchins died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza.

Prosecutors have said that Baldwin’s involvement as a producer and as the person who fired the gun weighed in the decision to file charges.

The defense and the prosecution

Baldwin has said he had no reason to believe there was a live bullet in the gun he discharged.

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That defense is complicated by his role as both lead actor and co-producer on “Rust.” State workplace safety regulators have fined Rust Movie Productions based on a string of safety failures, including testimony that production managers took limited or no action to address two misfires of blank ammunition on the set prior to the shooting.

Defense attorneys also maintain the innocence of Gutierrez-Reed, the daughter of veteran sharpshooter and film consultant Thell Reed. Gutierrez-Reed was hired at age 24, with limited prior experience on a handful of films, to supervise weapons, ammunition and training on “Rust.”

Carmack-Altwies says a movie set armorer has the responsibility to ensure ammunition and guns are handled safety and has the authority to halt rehearsals or filming at any time when concerns arise.

The district attorney alleges that Gutierrez-Reed without noticing somehow loaded a bullet into the gun that killed Hutchins and should have noticed the difference between a live and a dummy round.

Dummy rounds typically rattle when shaken — the sound of a BB inside — and have a dimpled base or other possible markings. Blanks contain a charge but have no slug or bullet at the tip.

At the same time, New Mexico workplace safety regulators say “Rust” managers limited Gutierrez-Reed’s ability to require safety and weapons training for people including Baldwin, and that a request for more training was rebuffed. Rust Movie Productions disputes the findings and sanctions.

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