Prosecutors to review evidence in order to determine ifย criminal charges are warrantedย
By Morgan Lee
SANTA FE, NM (AP) --A sheriff's department has submitted its investigative findings to prosecutors in the death of a cinematographer shot and killed by Alec Baldwin on a film set in New Mexico in October 2021.
Santa Fe Sheriff's Office spokesman Juan Rรญos said Thursday that two binders of information were turned over to the Santa Fe-based district attorney's office, without setting forth any recommendations about possible criminal charges.
He said the case file outlines all the evidence collected, including investigative interviews and forensic analysis of physical evidence by the FBI. District Attorney Mary Carmack-Altwies said through a spokeswoman that investigators and prosecutors will now begin a thorough review to make a timely decision about whether to bring charges, without mention of specific deadlines.
Cinematographer Halyna Hutchins died shortly after being wounded by a gunshot during setup for a scene in the western movie "Rust" at a filmset ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off went off, killing her and wounding the director, Joel Souza.
The Santa Fe Sheriff's Office already has made public a vast trove of law enforcement files concerning the deadly shooting, including lapel camera video of the mortally wounded Hutchins, witness interrogations, email threads, text conversations, inventories of ammunition and hundreds of photographs.
Santa Fe County Sheriff Adan Mendoza has described "a degree of neglect" on the film set for "Rust" but is leaving decisions about potential criminal charges to prosecutors.
The family of Hutchins — widower Matthew Hutchins and 9-year-old son Andros — recently settled a lawsuit against producers of "Rust" under an agreement that aims to restart filming with Matthew's involvement as executive producer.
Baldwin has said the gun went off accidentally and that he did not pull the trigger. But a recent FBI forensic report found the weapon could not not have fired unless the trigger was pulled.
New Mexico's Office of the Medical Investigator determined the shooting was an accident following the completion of an autopsy and a review of law enforcement reports.
Rust Movie Productions continues to challenge the basis of a $137,000 fine against the company by New Mexico occupational safety regulators who say production managers on the set failed to follow standard industry protocols for firearms safety. The state Occupational Health and Safety Review Commission has scheduled an eight-day hearing on the disputed sanctions in April 2023.
In April, New Mexico's Occupational Health and Safety Bureau imposed the maximum fine against Rust Movie Productions and distributed a scathing narrative of safety failures, including testimony that production managers took limited or no action to address two misfires of blank ammunition on set prior to the fatal shooting.
Rust Movie Productions told safety regulators that misfires prior to the fatal shooting of Hutchins did not violate safety protocols and that "appropriate corrective actions were taken," including briefings of cast and crew.
Other legal troubles persist in relation to the film and the deadly shooting.
Movie Armorer’s Involuntary Manslaughter Conviction Upheld In Fatal “Rust” Shooting
A New Mexico judge on Monday upheld an involuntary manslaughter conviction against a movie armorer in the fatal shooting of a cinematographer by Alec Baldwin on the set of the Western film "Rust."
Armorer Hannah Gutierrez-Reed asked a court to dismiss her conviction or convene a new trial, alleging that prosecutors failed to share evidence that could have cleared her.
Judge Mary Marlowe Sommer in her written order noted that the armorer's attorneys did not establish that there was a reasonable possibility that the outcome of the trial would have been different had the evidence been available to Gutierrez-Reed.
The judge also rejected a request from Gutierrez-Reed that she be released from custody, saying it was moot because the request for a new trial was denied.
Marlow Sommer halted and ended Baldwin's trial in July based on misconduct of police and prosecutors and their withholding evidence from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set outside Santa Fe.
Baldwin, the lead actor and co-producer for "Rust," was pointing a gun at Hutchins during a rehearsal on a movie set outside Santa Fe when the revolver went off, killing Hutchins and wounding director Joel Souza.
A jury convicted Gutierrez-Reed of involuntary manslaughter in March in a trial overseen by Marlowe Sommer, who later sentenced her to the maximum 18-month penalty. Gutierrez-Reed has an appeal of the conviction pending in a higher court. Jurors acquitted her of allegations she tampered with evidence in the "Rust" investigation.
Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of "Rust" and for failing to follow basic gun safety protocols.
Evidence that Gutierrez-Reed's... Read More