Alec Baldwin Rust shooting LIVE: Actor WILL be charged over Halyna Hutchins death

Mickey Rourke declared Thursday that Alec Baldwin should be absolved from all blame for the death of Rust cinematographer Halyna Hutchins.

Hours after it was announced Baldwin would face charges of involuntary manslaughter in Hutchins’ November 2019 death on the film’s Santa Fe set, Rourke, 70, offered his stance on the controversy.

‘I usually never put my 2 cents in about what happens on someone’s movie set,’ the boxer-turned -actor wrote in an impassioned post to Instagam.

‘It’s a terrible tragedy what happened to a cinematographer Halyna Hutchins. But no way in hell actor Alec Baldwin should be charged with any negligence whatsoever,’ said Rourke, who is friends with Baldwin and appeared on his podcast in November.

He continued: ‘Most actors don’t know anything about guns especially if they didn’t grow up around them. Alec didn’t bring the gun to the set from his house or his car.’

Rourke then appeared to thrust blame on the film’s armorer, Hannah Gutierrez-Reed, who faces the same charges as Baldwin in the fatal shooting – which could see them both serve prison sentences of up to five years.

‘When weapons are involved on a movie set,the guns are supposed to he handled only by the “weapon armor” . In some cases the 1st AD might pass a gun to an actor,but most of the time the gun is handed to the actor directly by the “gun armor”. There’s what “[sic]armor’s job is on the set,’ Rourke Said.

‘To have an expert around any type of dangerous weapon. The actor then has an option of dry firing the gun him or himself to double check.

‘No way in hell should Alec Baldwin be blamed for this unfortunate tragedy.’

Lisa Torraco, the attorney of assistant director Dave Halls, released a statement Thursday after it was revealed Alec Baldwin and armorer Hannah Gutierrez-Reed will be charged with involuntary manslaughter in relation to the October 2021 death of cinematographer Halyna Hutchins.

Earlier in the day, it was revealed that Halls, the last one the handle the gun before Baldwin the day of the tragedy, signed a plea agreement 'for the charge of negligent use of a deadly weapon,' to avoid being charged in the incident.

In another statement, Torraco touted the deal stuck with Santa Fe prosecutors, which will include six months of probation as well as a suspended sentence.

'Absent no charges at all, this is the best outcome for Mr. Halls and the case,' Torraco said. 'He can now put this matter behind him and allow the focus of this tragedy to be on the shooting victims and changing the industry so this type of accident will never happen again.'

Prosecutors said Alec Baldwin and armorer Hannah Gutierrez-Reed had an 'absolute duty' to check the gun that killed cinematographer Halyna Hutchins. 

'He doesn't actually have to touch each projectile, each piece of ammunition,' Mary Carmack-Altwies, the district attorney in Santa Fe County, said in an interview after the decision was announced. 

'He has an absolute duty to know that what is in the gun that is being placed in his hand is safe.'

They said Gutierrez-Reed also had that responsibility.

While prosecutors say Alec Baldwin and armorer Hannah Gutierrez-Reed are responsible for the accidental death of Halyna Hutchins, two key questions remain unanswered.

How did live bullets end up on the film set?

Baldwin was handed the gun by Assistant Director Dave Halls, who'd been handed the gun by Gutierrez-Reed, who has insisted she doesn't know how the live round got mixed with the dummy rounds.

Seth Kenney, the owner of the prop shop which supplied the dummy rounds for Rust, told police that Gutierrez-Reed had been firing live rounds on the set - but he didn't say where she obtained the bullets from.

Baldwin argued that whoever brought those rounds onto the set and mixed them with dummies is to blame.

Did Alec Baldwin pull the trigger?

Baldwin says he pulled the gun from his holster and held it facing Hutchins, director Joel Souza and the rest of the crew - and always maintained that it was 'cocked' - but says he did not fire it.

'And then I let go of the hammer of the gun, and the gun goes off. I let go of the hammer of the gun, the gun goes of,' he said during a December interview with ABC's George Stephanopoulos.

However, his comments were undermined by an FBI report released in August which said it was impossible for the gun to fire while cocked unless the trigger had been pulled.

The same report said that it was possible for the gun to fire without the trigger being pulled if the gun was not cocked.

Brandon Lee, the son of Bruce Lee, was killed in 1993 when a co-star fired a prop gun that contained a real bullet while filming 'The Crow.'

The shooting sparked a debate over firearm safety on set.

Soon after the fatal shooting, lawmakers drafted two California Senate bills to establish mandatory rules for guns and ammunition on film sets - including penalties for rule violations and mandated on-set firearms supervisors.

But neither bill made it past the committee stage over divisions within the industry over which new rules were acceptable.

After Hutchins was killed in 2021, Lee's sister Sharon Lee tweeted: 'Our hearts go out to the family of Halyna Hutchins and to Joel Souza and all involved in the incident on Rust. No one should ever be killed by a gun on a film set. Period.'

Halyna Hutchins' family say they support Alec Baldwin being charged with involuntary manslaughter.

Her husband Matthew and nine-year-old son Andros, welcomed the decision through their lawyer Brian J Panish who said: 'It is a comfort to the family that, in New Mexico, no one is above the law.'

Panish added that Hutchins had been killed 'with conscious disregard for human life' and stated that an 'independent investigation also supports charges are warranted.'

It comes after Baldwin reached an undisclosed settlement with the family in October after which widower Matthew stated he had 'no interest in engaging in recriminations.'

Baldwin and the family reached an undisclosed settlement in a wrongful death lawsuit launched last year against the actor, the armorer and other producers.

Under the settlement, Baldwin made Matthew an executive producer on the film, which is due to resume production in Los Angeles.

Matthew, who called Baldwin 'supportive' in the immediate aftermath of Halyna's death, said after the settlement was reached: 'I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin).'

He added: 'All of us believe Halyna's death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna's final work.'

It is not clear why the Hutchins family now support charges against Baldwin.

Hannah Gutierrez-Reed, 25, is the daughter of veteran Hollywood armorer Thell Reed, and was hired by Baldwin's production team as lead armorer.

It was only her second time in the role.

Gutierrez-Reed grew up on Hollywood sets, often tagging along with her father, a former Marine, who served as Brad Pitt's gun coach on The Assassination of Jesse James by the Coward Robert Ford.

Lawyers representing Rust armorer Hannah Gutierrez-Reed, 25, have vowed to fight her involuntary manslaughter charges.

Along with Alec Baldwin, Gutierrez-Reed faces a minimum of five years in prison if convicted.

But Gutierrez-Reed's lawyers argue she does not deserve the same charges as Baldwin.

The prosecutors say Baldwin did, in fact, pull the trigger on the prop gun that killed Hutchins, while Gutierrez-Reed  failed to ensure the guns on set did not contain live rounds.

'Hannah is, and has always been, very emotional and sad about this tragic accident,' the statement says. 'But she did not commit involuntary manslaughter.'

They continue to say that 'theses charges are the result of a very flawed investigation, and an inaccurate understanding of the full facts.

'We intend to bring the full truth to light and believe Hannah will be exonerated of wrongdoing by a jury.'

Now that Alec Baldwin knows he will be charged with involuntary manslaughter, he and his attorneys have started compiling their defense.

Charges will be filed with a court in Santa Fe

The paperwork has not yet been submitted with the court, because it is giving time for the special prosecutor and the Santa Fe DA to explain their decision in interviews with the press.

If the charges had been filed immediately, they say they would have been unable to communicate their reasons for the decision.

The charges are expected to be filed before the end of the month.

Baldwin will be issued with a summons - but he doesn't have to go New Mexico to honor it.

Trial

If Baldwin pleads not guilty, which he is expected to, the case will move to trial.

Appeal

If convicted, Baldwin has the right to an appeal and it's likely he would file one.

Sentencing would likely be put on hold until them.

Sentencing

Baldwin faces a mandatory minimum of five years in prison of convicted of involuntary manslaughter with the firearm enhancement that prosecutors discussed today.

The involuntary manslaughter charge also carries a $5,000 fine.

The prosecutor who will be charging Alec Baldwin with involuntary manslaughter for the shooting of Halyna Hutchins tore into him today, saying 'an actor doesn't get free pass' as she insisted he did pull the trigger on the gun that fired.

Baldwin has vowed to fight the charges, calling them a 'terrible miscarriage of justice'.

But Mary Carmack-Altwies, the First Judicial District Attorney in New Mexico, stood firm.

She said in an interview with CNN, that Baldwin did pull the trigger - and that he ran a 'fast and loose set' that was plagued with safety issues.

'There was such a lack of safety and safety standards on that set. There were live rounds on set, they were mixed in with dummy rounds.

'Nobody was checking those or at least they weren't checking them consistently.

'They somehow got loaded into a gun, handed off to Alec Baldwin, he didn't check it, he didn't do what he was supposed to do to make sure he was safe or make sure anyone else was safe.

'He pointed the gun at Halyna Hutchins and he pulled the trigger,' she said.'

She said a 'totality of the circumstances' led to the decision, adding: 'This was a really fast and loose set. And that nobody was doing their job.'

While it may have been an accident, she said Baldwin 'doesn't get a free pass' because he's a star.

After 15 agonizing months of investigations, interviews, police reports and lawsuits, Santa Fe prosecutors today finally announced charges in the shooting of Halyna Hutchins. 

Here, DailyMail.com breaks down the key pieces of evidence and details of the last 15 months that led to the decision today. 

OCTOBER 21 - THE SHOOTING 

ALLEGATIONS OF AN UNSAFE SET AND WALK-OFFS BY DISGRUNTLED CREW 

A YOUNG, 'CARELESS' ARMORER 

HUTCHINS' FAMILY TURN ON BALDWIN AND SUE 

BALDWIN'S POLICE INTERVIEW - HE INSISTS HE 'COCKED' THE GUN BUT DIDN'T PULL THE TRIGGER

BALDWIN'S PR OFFENSIVE - ACTOR DENIES RESPONSIBILITY FOR THE SHOOTING IN DRAMATIC ABC INTERVIEW THAT 'P****D OFF' HALYNA'S HUSBAND 

VIDEO RECREATION OF THE SHOOTING PRODUCED BY HALYNA'S FAMILY LAWYERS 

FBI RELEASES DAMNING REPORT WHICH CLAIMS BALDWIN DID PULL THE TRIGGER 

POLICE INTERVIEWS 

A chilling video simulation shows how cinematographer Halyna Hutchins was fatally shot by actor Alec Baldwin on the doomed set of his movie Rust.

The CGI animation was created by the family and representatives of Hutchins as part of a wrongful death lawsuit against Baldwin and other crew members, detailing how they believe Baldwin pulled the trigger of a Colt .45 and killed Hutchins.

Baldwin and Hannah Gutierrez-Reed face a maximum of 18 months in prison if they are convicted on involuntary manslaughter charges. 

If they're also convicted of a firearm enhancement on that charge, they'll face a mandatory five-year prison sentence. 

The DA said Thursday in her statement that 'under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine'.

The charge of involuntary manslaughter in the commission of a lawful act 'is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine.'

'The firearm enhancement makes the crime punishable by a mandatory five years in jail,' according to the statement.

Baldwin and Gutierrez-Reed will be 'charged in the alternative' involuntary manslaughter, the DA said on Thursday.

Involuntary manslaughter is defined as the 'unintentional killing of a person while committing a misdemeanor criminal offense'.

This means that a 'jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty,' the DA said in a statement.

For 'involuntary manslaughter to be proved, 'there must be underlying negligence'.

The DA also said that the charge also 'includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law'.

The DA also talks about a charge of that is 'involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death'.

Carmack-Altwies said the charge also includes a 'firearm enhancement, or added mandatory penalty, because a firearm was involved'.

Alec Baldwin broke down in tears in his first interview months after fatally shooting Rust cinematographer Halyna Hutchins.

In the now infamous interview with ABC News host George Stephanopoulos, the embattled actor denied that he pulled the trigger of a live gun on October 21, 2021, going as far as to say he 'would have killed himself' if he thought he was responsible.

Baldwin, 64, has instead shifted the blame on prop managers, claiming they did not check if the gun was loaded before handing it to him.

The actor also shared how he 'loved' Hutchins and had bonded with her widower after accidentally killing her — and claimed cops at the scene told him he would not be charged in the shooting.

But today, New Mexico authorities announced that he will be charged with involuntary manslaughter in Hutchins' death.

'Honest to God, if I thought I was responsible I might have killed myself. And I don't say that lightly,' he said.

'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.

'We intend to bring the full truth to light and believe Hannah will be exonerated of wrongdoing by a jury.'

Baldwin has vowed to fight the involuntary manslaughter charges announced today by prosecutors in New Mexico, calling them a 'terrible miscarriage of justice'.

In a statement, his attorney said: 'This decision distorts Halyna Hutchins' tragic death and represents a terrible miscarriage of justice.

'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.'

New Mexico First Judicial District Attorney Mary Carmack-Altwies announced on Thursday that, in keeping with her commitment to pursue justice for all victims and to hold everyone accountable under the law, her office before the end of the month will file criminal charges in the 'Rust' film-set shooting.

'Rust' actor and producer Alec Baldwin and armorer Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter in the death of Halyna Hutchins on the film's Santa Fe County set in 2021.

Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon. The terms include a suspended sentence and six months of probation. A copy of the plea agreement will be available after it has been filed with the court.

No charges will be filed specific to the non-fatal shooting of 'Rust' director Joel Souza.

'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. 'On my watch, no one is above the law, and everyone deserves justice.'

Baldwin and Gutierrez-Reed will be 'charged in the alternative' with the two counts of manslaughter, meaning that a jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty.

The first charge can be referred to simply as involuntary manslaughter. For this charge to be proved there must be underlying negligence. Under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law.

The other charge is involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death. This is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine. This charge includes a firearm enhancement, or added mandatory penalty, because a firearm was involved. The firearm enhancement makes the crime punishable by a mandatory five years in jail.

'If any one of these three people—Alec Baldwin, Hannah Gutierrez-Reed or David Halls—had done their job, Halyna Hutchins would be alive today. It's that simple,' said Andrea Reeb, the special prosecutor appointed by the DA to the case. 'The evidence clearly shows a pattern of criminal disregard for safety on the 'Rust' film set. In New Mexico, there is no room for film sets that don't take our state's commitment to gun safety and public safety seriously.'

Carmack-Altwies and Reeb will formally file charges with New Mexico's First Judicial District Court before the end of the month. Following the filing of charges, each defendant will be issued a summons with the charging information. Shortly after receiving the summons each defendant is required to make a 'first appearance,' a procedure that is often referred to in other jurisdictions as an arraignment. That first appearance can be done virtually, and defendants can even move to have their first appearance waived. First appearance dates are set by the court, not by the District Attorney.

Given that the First Judicial District in New Mexico is only impaneling grand juries under certain circumstances due to ongoing COVID restrictions, the next step after first appearance will be a preliminary hearing. In this process, a judge takes on the role of the grand jury. The District Attorney and the special prosecutor present their case to the judge. The judge then rules whether there is probable cause to move forward with a trial. The dates for a preliminary hearing will be set by the court, not by the District Attorney. However, preliminary hearings are typically scheduled within 60 days of charges being filed.

'There is a very clear process for pursuing justice in this case,' Carmack-Altwies said. 'We are committed to upholding the integrity of that process to ensure equal justice under the law.'

Once charges are filed, more detailed paperwork will be available online through the court that details the evidence the DA and the special prosecutor cite. An announcement will be made to the public when the charges have formally been filed.

The District Attorney received the final Santa Fe County Sheriff's report on October 27, 2022, and moved quickly to carefully and thoughtfully review the evidence, allowing the DA to make her decision on charges less than three months after receiving the initiating report.

New Mexico First Judicial District Attorney Mary Carmack-Altwies announced Thursday that theywill file charges. 

'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.

'On my watch, no one is above the law, and everyone deserves justice.'

In addition to Alec Baldwin and Hannah Gutierrez-Reed, the film’s first assistant director David Halls has agreed to plead guilty to the charge of negligent use of a deadly weapon.

Both Baldwin and Gutierrez-Reed, the armorer on Rust, will be charged with involuntary manslaughter in the incident.

New Mexico First Judicial District Attorney Mary Carmack-Altwies and Rust Special Prosecutor Andrea Reeb announced the charges in a written statement.

Prosecutors announced on Thursday that Alec Baldwin will be charged in the shooting death of cinematographer Halyna Hutchins.

He will be charged with involuntary manslaughter. 

Hannah Gutierrez-Reed, the 25-year-old armorer, who was in charge of the guns on the set, will also be charged with involuntary manslaughter.

Both Baldwin and Gutierrez-Reed face a maximum of 18 months in prison if convicted. Dave Halls, the Assistant Director, has pleaded guilty to the charge of negligent use of a deadly weapon.

'If any one of these three people—Alec Baldwin, Hannah Gutierrez-Reed or David Halls—had done their job, Halyna Hutchins would be alive today.

'It’s that simple,' said Andrea Reeb, the special prosecutor appointed by the DA to the case.

A report from the FBI last year concluded that Baldwin did pull the trigger of the gun that killed Hutchins – despite him repeatedly stating that he did not.

Baldwin has consistently denied that he pulled the trigger on the gun, which was supposed to be loaded with dummy bullets.

Part of the report found that the revolver, a single-action .45 Colt caliber F.lli Pietta, could not have been fired without someone pulling the trigger.

It states that the gun, when working properly, will not release a bullet and primer at the same time just by someone fiddling with the hammer.

The actor said that he released it, and it fired without him pulling the trigger, with Baldwin adding ‘I did not pull the trigger.’

However, the FBI report found that the action could set of a gunshot sound without discharging a bullet.

District attorney Carmack-Altwies will announce today whether or not any possible charges will be filed against Alec Baldwin and/or any crew members of the Rust film shooting.

What charges could Baldwin and the others face? Carmack-Altwies previously said that the list of possible charges ranged from homicide to violations of state gun statutes.

Others named in the criminal investigation are the armorer Hannah Gutierrez-Reed, assistant director David Halls, and a local prop shop owner Seth Kenney.

Santa Fe prosecutor Mary Carmack-Altwies has said that Baldwin is among up to four people who may face charges following a year-long investigation by police.

Investigators focused on the 'many individuals' who handled the pistol Baldwin fired during the rehearsal, Carmack-Altwies has said.

HANNAH GUTIERREZ-REED: IN CHARGE ON GUNS ON SET

Hannah Gutierrez-Reed, the 25-year-old armorer of the film has been singled out by some for her inexperience.

As armorer, she was in charge of the guns on the set.

She has expressed astonishment that live ammunition could end up on set, and has accused the prop master who supplied her with sabotage.

SETH KENNEY: PROP SHOP OWNER

Kenney worked with Gutierrez-Reed to provide the props, and his Albuquerque shop, PDQ Arm and Prop, was searched by investigators in November 2021.

The investigators wanted to examine live rounds Thell Reed said the supplier had once used to train actors at a shooting range.

Yet they appear to have cleared Kenney of involvement.

A box of dummies he supplied to the set was also found to be clear of any live ammunition. In February 2022, he denied responsibility for the shooting.

DAVE HALLS: ASSISTANT DIRECTOR WHO HANDED BALDWIN GUN

Halls, 55, is known for his work as an assistant director, handed Baldwin the gun - and the movie star claims Halls told him it was 'cold'.

In the immediate aftermath of the shooting, Halls told police he could not recall how thoroughly he checked the weapon.

Following the shooting, some former colleagues of Halls claimed he had previously ignored safety protocols.

Baldwin said he did not pull the trigger in the fatal shooting of Hutchins.

'I let go of the hammer, bang. The gun goes off. Everyone is horrified. They're shocked. It's loud,' he said.

'She's getting me to position the gun - everything is at her direction. I draw the gun, to her marker. I'm not shooting to the camera lens, I'm shooting just off. In her direction. This was a completely incidental shot, that may not have ended up in the film.'

Baldwin says he cocked the gun, and was discussing with Hutchins how it looked on camera.

'I'm just showing. I go, 'How 'bout that? Does that work? You see that? Do you see that?' And then she goes, 'Yeah, that's good.''

He said he was stunned when the gun fired, and initially could not understand what had happened.

'No one was - the gun was supposed to be empty. I was told I was handed an empty gun. If they were cosmetic rounds, nothing with a charge at all, a flash round, nothing.

'She goes down, I thought to myself, 'Did she faint?' The notion that there was a live round in that gun did not dawn on me 'till probably 45 minutes to an hour later.'

He added: 'Well, she's laying there and I go, 'Did she hit by wadding? Was there a blank?' Sometimes those blank rounds have a wadding inside that packs, it's like a cloth that packs the gunpowder in. Sometimes wadding comes out, it can hit people, and it could feel like a little bit of a poke.

'But no one could understand. Did she have a heart attack? Because remember the idea that someone put a live bullet in the gun was not even in reality.'

Hilaria Baldwin put on a brave face as she emerged from her New York City apartment to take some of her kids to school today while awaiting a decision on her husband Alec's fate.

Santa Fe prosecutors will today announce whether Baldwin will be criminally charged for accidentally shooting cinematographer Halyna Hutchins on the set of his movie Rust in October 2021.

There was no sign of the actor himself this morning but Hilaria, glamorous as ever, put on a stoic display.

Wearing a faux-fur bomber jacket, her signature leather-look workout leggings, and oversized sunglasses, the mother-of-seven finished her look with a pair of $300, pearl and rhinestone-encrusted slippers from Spanish brand Alameda Turquesa.

She was dripping in diamonds, and clutched her cellphone in one hand with a coffee cup.

Officials in New Mexico are set to deliver a decision soon about whether or not they will pursue criminal charges against Alec Baldwin or others in the fatal shooting of a cinematographer on the set of Western movie Rust.

New Mexico First Judicial District Attorney Mary Carmack-Altwies and special prosecutor Andrea Reeb will announce their decision at 9 a.m. Mountain Standard Time, which is 11 a.m. ET. 

Halyna Hutchins was killed by a live round fired by the gun the actor was holding on October 21, 2021, but the actor insists he didn't pull the trigger and blames prop managers for not checking if the gun was loaded.

Baldwin is among up to four people who may face criminal charges for the death of the cinematographer, Carmack-Altwies has said.

He has denied responsibility for the shooting.