By Ray Sanchez, CNN
Actor Alec Baldwin will sue with two charges of intentional homicide in the fatal shooting of the film Halyna Hutchins on the set of the Western film “Rust,” as the armorer saw all the weapons used in the production.
Baldwin, who said he did not know the gun he fired contained a live round, called the New Mexico attorney general’s decision “a terrible miscarriage of justice,” according to his attorney, Luke Nikas, who has sworn to contest the charges.
Jason Bowles, a lawyer for the actress, Hannah Gutierrez Reed, said that the jury will find her actor not guilty because there is “no crime.”
Hutchins was struck and killed in 2021 air live ammunition rounds fired from a loaded handgun held by Baldwin, who maintains he did not pull the trigger. Director Joel Souza was also injured. No charges will be brought against Souza, prosecutors said.
The cause of death is listed as “gunshot wound to the chest,” and the manner of death is “accidental.”
“It’s a comfort to the family, in New Mexico, no one is above the law,” said attorney Brian J. Panish, representing the Hutchins family.
This is why New Mexico District Attorney Mary Carmack-Altwies, who spoke with CNN on Thursday, said she decided to file charges:
‘An actor doesn’t get it for free’
Other actors – including “A-list” celebrities – contacted prosecutors saying they “always check their guns or have someone check them in front of them,” the Carmack-Altwies told CNN shortly after announcing his intention to file charges of involuntary manslaughter.
“Everybody who holds a gun has a duty to make sure that if they hold that gun, point it at someone and pull the trigger, not shoot a gun and kill someone,” he said. .
He added, “An actor doesn’t get free just because they’re an actor. That’s the most important thing. We say here in New Mexico, everyone is equal under the law.” law.
‘There was no security’ at the set
Live rounds were mixed with dummy rounds on set, and the crew did not check the ammunition, Carmack-Altwies said.
“There was a lack of safety and security conditions on that set… There were live rounds on the sets,” he added.
“Nobody checked those things or at least they didn’t check them all the time. Then loaded with a gun that was given to Alec Baldwin. He didn’t check. He didn’t do anything he should have done to make sure he was safe or anyone around him was safe. He then pointed the gun at Halyna Hutchins and she pulled the trigger.”
Carmack-Altwies described the production as “a quick and messy setup” when it came to security and said “nobody did their job.”
‘Trouble doesn’t mean it’s not a crime’
The summary of the investigation into the death of Hutchins – which was officially signed by the chief medical examiner of New Mexico – said that “law enforcement reports did not show strong evidence that the gun was intentionally fired. eat and shoot alive.”
“Based on all available information, including the lack of clear intent to harm or death, the manner of death is best classified as an accident,” the report concluded.
Carmack-Altwies said “just because it’s an accident doesn’t mean it’s not a crime.”
“Our law of intentional homicide includes reckless homicide,” he said.
“Unexpected means they didn’t plan to do it. They had no intention of killing people. But it happened, and it happened because of more than just carelessness… They didn’t show caution or care and that’s what happened here.”
Carmack-Altwies said there was “more than enough” evidence to support the charges and bring the case to trial.
‘The trigger has to be pulled’
An FBI forensics report stated that the weapon could not be fired during the FBI’s test of its normal operation without pulling the trigger while firing the gun.
The report also stated that the gun eventually malfunctioned during testing when internal parts broke, causing the gun to go into position without pulling the trigger.
The loaded gun was owned by Baldwin, who maintained he did not pull the trigger.
“The FBI lab is one of the best in the world,” Carmack-Altwies told CNN. “And we strongly believe that the gun had to be pulled in order for that gun to go off.”
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CNN’s Josh Campbell contributed to this report.