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“Rust” Prosecution Faces Serious Legal Hurdles

Jan 30 2023
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First District District Attorney Mary Carmack-Altwies publicly disclosed on January 19, 2023, that famed movie and television actor Alex Baldwin and Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter in connection with the October 21, 2021, tragic shooting death of Halyna Hutchins.

Hutchins was killed on the set of a movie called “Rust” being filmed in the outskirts of Santa Fe.

The New Mexico Film Office announced the production of “Rust” on October 6, 2021. The state agency said filming for the Rust Movie Productions film was slated to begin in November 2021. During the next two weeks in October, the film’s actors, producers, directors, and crew personnel began practicing scenes for the movie. During one of those practice sessions, Gutierrez-Reed, the movie’s armorer, handed Baldwin a Colt .45, which was supposed to be unloaded. As he practiced drawing and pointing the weapon, a live round in the gun discharged, killing cinematographer Hutchins and wounding First Assistant Director David Halls.

The incident drew international media attention and immediate allegations by several movie set personnel about the dangerous and reckless conditions evident during the film’s production over the first few weeks of the practice sessions.

The Santa Fe County Sheriff’s Office began a criminal investigation amid the sensational media attention. The Sheriff’s report was submitted to DA Carmack-Altwies on October 22, 2022.

On November 18, 2022, the Sheriff’s Office released a 550-page report of the findings it submitted to Carmack-Altwies to the public.

This law enforcement criminal investigation prompted Carmack-Altwies and the DA’s special prosecutor Andrea Reeb to proceed with criminal charges against Baldwin and Gutierrez-Reed.

The first step in that decision-making process was to secure a plea deal with David Halls requiring him to testify against Baldwin and Gutierrez-Reed in exchange for a reduced charge of negligent use of a deadly weapon and six months probation.

In other words, Halls agreed to provide testimony supporting the prosecution’s case theory. That is what plea deal testimony generally does.

Negligent use of a deadly weapon, under New Mexico law, is a petty misdemeanor, while involuntary manslaughter, under New Mexico law, is a fourth-degree felony punishable by up to 18 months in prison and a fine up to $5,000.

The core question then is what kind of testimony can Halls provide to show criminal liability by Baldwin or Gutierrez-Reed?

New Mexico law defines involuntary as a homicide committed in one of three ways: “1) the commission of an unlawful act not amounting to a felony; 2) the commission of a lawful act that might produce death, in an unlawful manner; or 3) the commission of a lawful act that might produce death without due caution and circumspect.”

These three categories mean that involuntary manslaughter occurs only when the killing is unintentional. Specific intent is not an element of the crime.

The prosecutorial burden DA Carmack-Altwies faces is to prove that Hutchins’ killing was the result of an act that went beyond mere negligence, such as a conscious disregard for a substantial and unjustifiable risk that harm could result from the handling of the Colt .45.

This means the DA must show beyond a reasonable doubt that Baldwin’s and Gutierrez-Reed’s mens rea at the moment of Hutchins’ killing was the product of criminal negligence.

Put another way, the DA must prove that both Baldwin and Gutierrez-Reed should have known yet disregarded the “danger” involved in their actions of handling the Colt 45.

That will be a hard case to prove, especially for Baldwin. It seems unfathomable that Baldwin knew a live round was on the set or that he had any reason to believe the gun posed any danger whatsoever.

As far back as 1937, the New Mexico Supreme Court said the mens rea requirement for involuntary manslaughter is criminal negligence that is “so reckless, wanton, and willful as to show an utter disregard for the safety of [others].”

At this point, there is no evidence in the public record that either Baldwin’s or Gutierrez-Reed’s actions with the Colt 45 satisfies this requirement.

The defense will attempt to show that the shooting death of Hutchins was a “tragic accident.”

The general rule of law is that an accidental killing “is excusable because it is an unintended homicide which occurs in the course of performing a lawful act, without criminal negligence.”

The defense will attempt to show that safety protocols were in place as required in the movie industry, insulating Baldwin and Gutierrez-Reed from intentional criminal negligence.

Even if there was a breakdown in these protocols, it is arguable that the failures occurred before the Colt .45 reached the hands of Gutierrez-Reed and Baldwin, thus preventing prosecutors from proving the mental state required to establish intentional criminal negligence.

The decision to file criminal charges against Baldwin and Gutierrez-Reed, we believe, is not based on law but rather on public perception. It is a typical reaction to horrible facts and killing of an innocent person.

This conclusion is supported by Andrea Reeb’s comments to the media following DA Carmack-Altwies’ announcement that charges would be filed.

“We’re trying to definitely make it clear that everybody’s equal under the law, including A-list actors like Alec Baldwin,” Andrea Reeb said in an interview. “And we also want to make sure that the safety of the film industry is addressed and things like this don’t happen again.”

The law should not be shaped by public perception or political agendas. The law is the law. District attorneys like Carmack-Altwies and Reeb have a duty to know the law and the ethical courage to respect it.

Baldwin’s attorney, Luke Nikas, said the decision to prosecute in the Rust case “distorts Halyna Hutchins’s 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.”

The union (SAG-AFTRA) representing film, television, radio workers issued a statement following Carmack-Altwies’ announcement to file charges that said while Hutchins’ death was a “preventable” tragedy, there is no reliable evidence that it was “not a failure of duty or a criminal act on the part of any performer … The prosecutor’s contention that an actor has a duty to ensure the functional and mechanical operation of a firearm on a production set is wrong and uninformed. An actor’s job is not to be a firearms or weapons expert.”

We agree. A tragic accident resulting in death a person always begs for accountability and a search for a responsible party. But sometimes, a tragic accident is just that, a tragic accident. Prosecuting two people, who will forever live with their involvement in a accident resulting in death of a co-worker and friend, will not bring justice. It will only lead to false expectations for family of the deceased and the eventual let down when the case is dismissed or results in an acquittal.

From the publicly available information, District Attorney Mary Carmack-Altwies is using the law to further a political public relations agenda. That should be a crime.

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    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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