Alec Baldwin and Rust armorer to be charged with involuntary manslaughter in shooting of Halyna Hutchins

One year and three months after the accidental fatal shooting of cinematographer Halyna Hutchins on the set of the Western film Rust, Alec Baldwin and the movie's armorer are expected to face charges.

Santa Fe District Attorney Mary Carmack-Altwies and special prosecutor Andrea Reeb announced the decision to formally charge Baldwin and armorer Hannah Gutierrez-Reed with two counts of involuntary manslaughter on Thursday.

According to the release from Carmack-Altwies's office, involuntary manslaughter is punishable by up to 18 months in jail and a $5,000 fine if proven. The DA and special prosecution will formally file these charges with the New Mexico's First Judicial District Court by the end of the month.

Assistant director David Halls has already signed a plea agreement for the charge of negligent use of a deadly weapon. He faces a suspended sentence and up to six months of probation.

No charges will be filed specifically for the shooting of Rust director Joel Souza, which was not fatal. Rust Movie Productions, the producing team behind Rust, was not included in the charges announced Thursday morning despite it facing previous fines.

"After a thorough review of the evidence and the laws of the state of New Mexico, I have determined that there is sufficient evidence to file criminal charges against Alec Baldwin and other members of the Rust film crew," Carmack-Altwies said in a statement released to press and on social media. "On my watch, no one is above the law, and everyone deserves justice."

Luke Nikas, Baldwin's attorney, said the charges represent "a terrible miscarriage of justice" in a statement provided to EW. "Mr. Baldwin had no reason to believe there was a live bullet in the gun — or anywhere on the movie set. He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win."

Courtesy of Santa Fe County Sheriff's Office; Fred Hayes/Getty Images The Santa Fe District Attorney has announced a decision in the 'Rust' investigation.

Jason Bowles, the lawyer for Gutierrez-Reed, also responded to the DA's announcement.

"Hannah is, and has always been, very emotional and sad about this tragic accident. But she did not commit involuntary manslaughter. These charges are the result of a very flawed investigation, and an inaccurate understanding of the full facts," he said. "We intend to bring the full truth to light and believe Hannah will be exonerated of wrongdoing by a jury."

The death of Hutchins incited a swarm of discussions about safety practices, protocol for work environments, and the use of firearms on Hollywood movie and TV sets.

The cinematographer and Souza suffered gunshot wounds from a pistol Baldwin was holding while preparing a scene for the movie at the Bonanza Creek Ranch on Oct. 21, 2021. The team was establishing the camera angle while the actor-producer pointed the gun at the camera. Souza recovered from his injuries, but Hutchins succumbed to hers shortly after the incident.

Carmack-Altwies has been investigating the situation since the state of New Mexico approved to fund her emergency request to hire a special prosecutor.

Baldwin maintains that he did not know the gun was loaded. He is currently suing several Rust crew members and accusing them of negligence for providing him with a loaded weapon without his knowledge.

The actor, who is also a producer on Rust, initially stated that he "didn't pull the trigger," but in his lawsuit against the crew, his team says he pulled back and released the hammer of the gun in Hutchins' direction while they were preparing camera angles.

The state initially fined the production company the maximum penalty of $136,793 for not following proper safety protocols. Hutchins' family also sued Baldwin and the production company over wrongful death. They have since reached a settlement.

Rust is currently scheduled to resume filming this year with Matthew Hutchins, Hutchins' husband, now involved as an executive producer.

Related content:

• Alec Baldwin sues Rust armorer and crew for giving him a loaded gun

• Alec Baldwin and Rust team reach settlement with Halyna Hutchins' estate in wrongful death suit

• Alec Baldwin feared for his life after Trump insinuated the tragic Rust shooting wasn't an accident