Charged with “manslaughter”. On Tuesday, January 31, a prosecutor announced that American actor Alec Baldwin, author of a fatal shooting on the set of the film Rust in 2021, was charged with manslaughter. An offense for which he faces up to five years in prison if convicted of aggravated negligence. The film’s gunsmith Hannah Gutierrez-Reed, who handled the weapon, is the subject of the same charge, said Santa Fe County District Attorney in New Mexico, Mary Carmack-Altwies. “No one is above the law and justice will be served,” she insisted in a statement.

On October 21, 2021, this shooting on a New Mexico ranch had turned tragic when Alec Baldwin had activated a weapon supposed to contain only blank ammunition, but whose very real projectile had killed the cinematographer Halyna Hutchins, 42, and injured director Joel Souza. This rare news item had shocked Hollywood and had a strong impact, triggering calls to ban firearms on the sets, where the presence of live ammunition is in theory already prohibited.

If convicted of simple manslaughter, Alec Baldwin and Hannah Gutierrez-Reed could face up to 18 months in prison. This penalty could be increased to a maximum of five years’ imprisonment in the event of aggravated negligence. During firearms training, the actor appeared “distracted and talking on the phone with his family,” according to a document released Tuesday by the prosecutor. He only stayed 30 minutes when the session was supposed to last “at least an hour or more”, according to the armourer’s account to investigators.

The prosecutor announced her intention to prosecute on January 20. The actor’s lawyer, Luke Nikas, then denounced a “terrible miscarriage of justice”. “[Alec] Baldwin had no reason to believe that a live ammunition was in the gun, or anywhere else on the set,” he insisted. Alec Baldwin, 64, best known for the 30 Rock series, has always said that he was assured that his weapon was harmless.

Assistant director David Halls, who had given him the weapon, informing him that it was not dangerous, will be accused of negligence when using a deadly weapon. Lawsuits he does not contest.

Alec Baldwin also denies pulling the trigger, a claim doubted by many experts. In August, the actor said he expected no one to be charged, telling CNN he had hired a private detective to establish responsibilities in the case. The tragedy gave rise to a flurry of civil lawsuits from several members of the team. In October, Alec Baldwin announced that he had reached an agreement ending the civil lawsuits brought by the family of Halyna Hutchins. Its amount was not disclosed. At the time, filming of Rust was also announced to resume in early 2023. The late cinematographer’s widower, Matthew Hutchins, is to be promoted to executive producer on the film.