Alec Baldwin has been formally charged with involuntary manslaughter for the death of cinematographer Halyna Hutchins on the set of Rust.

The Santa Fe District Attorney filed the charges Tuesday against the actor as well as the film’s armorer, Hannah Gutierrez-Reed. The DA alleges that both acted with criminal negligence and that Baldwin wasn’t properly trained to handle the weapon. The probable cause statement claims the actor was “distracted” and on his phone throughout the weapon training session.

“Baldwin’s deviation from known standards, practice and protocol directly caused the fatal death of Hutchins,” the statement reads.

Baldwin fired the fatal shot while preparing to film a scene at a ranch near Santa Fe in October 2021. The Colt .45, which was loaded by Gutierrez-Reed, was supposed to contain only dummy rounds. Hutchins was airlifted to a hospital in Albuquerque and pronounced dead the same day. The shot also wounded the film’s director, Joel Souza.

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The prosecution stated that Baldwin was “extremely reckless” and that Gutierrez-Reed was “inexperienced and unqualified.” It also claims Gutierrez-Reed knew Baldwin needed more weapon training.

If convicted, Baldwin and Gutierrez-Reed could each face up to 18 months in prison. Prosecutors will have to prove to the jury that the defendants “acted with a willful disregard for the safety of others” and “should have known the danger involved.”

Both of their attorneys assert the defendants are innocent and Baldwin has claimed he did not pull the trigger, which has not held up against an FBI analysis of the firearm. The film’s first assistant director, David Halls, has agreed to plead guilty to a charge of the negligent use of a weapon, as he handed the loaded gun to Baldwin. He will serve six months of probation and no jail time.

“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,” prosecutor Andrea Reeb said in a statement. “It’s that simple. 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.”

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