Yahoo Autos Could Alec Baldwin be charged? Who is liable in Halyna Hutchins' death? Legal experts weigh in
Tragedy struck the film set of "Rust" Oct. 21 when star Alec Baldwin discharged a prop gun in an accident that left the movie's cinematographer dead and the director injured.
Assistant director Dave Halls unwittingly handed Baldwin a loaded weapon and told him it was safe to use in the moments before the actor fatally shot Halyna Hutchins on the New Mexico set, court records show. Director Joel Souza, who was standing behind her, was wounded.
The news sent shock waves through the entertainment industry. But what are the legal ramifications?
"Proper compliance with safety issues on the set will be a large, general question that will be asked that may have a huge impact on any potential legal matters that may come from this case," says Rachel Fiset, managing partner at the Los Angeles firm Zweiback, Fiset & Coleman. "And then on the worst side of the scale, you could have potential criminal issues that would range from criminal negligence to intentional acts that may have caused this tragedy."
Santa Fe District Attorney Mary Carmack-Altwies said during a recent news conference that she is not ruling out any charges against Baldwin. "No one has been ruled out at this point," Carmack-Altwies said.
According to legal experts, law enforcement's investigation of the accident needs to yield more details before questions about liability and criminal charges can be answeredwith certainty. But here are some things they say to expect.
Affidavit: 'Rust' assistant director says he did not properly inspect gun given to Alec Baldwin
What we know about deadly prop gun shooting on 'Rust': Baldwin didn't know gun had live rounds
Will Alec Baldwin be criminally charged?
Although Baldwin fired the gun resulting in Hutchins' death and Souza's injury, it's unlikely the "30 Rock" alum will face criminal charges, especially if he didn't know the firearm contained live ammunition, says Neama Rahmani, a former federal prosecutor who co-founded the Los Angeles personal injury firm West Coast Trial Lawyers.
On Wednesday, Santa Fe County Sheriff Adan Mendoza said the "actual lead projectile that was fired" had been recovered from Souza's shoulder and is believed to be from a "live round" discharged by Baldwin on the set of the Western that ended in tragedy.
"I think the facts are clear. A weapon was handed to Mr. Baldwin. The weapon is functional, and fired a live round, killing Ms. Hutchins and injuring Mr. Souza," Mendoza said.
Baldwin could be held liable, Rahmani says, if evidence suggests the actor behaved irresponsibly with the gun despite knowing the risks. That could amount to criminal negligence on the part of Baldwin, though there's no evidence to support that.
"There are some circumstances where even a prop gun with a blank can be dangerous if it's shot within close range," Rahmani says. "Let's say it was loaded with a blank but Baldwin himself was criminally negligent and shot it from close range, even though it wasn't a live round. Then he could be held liable."
'Rust' crew walked off set to protest working conditions hours before cinematographer death: Reports
Will anyone be criminally charged?
There are criminal issues outside of who discharged the weapon, Rahmani says.
According to an affidavit obtained by USA TODAY, several crew members handled the firearm before it was handed to Baldwin and deemed a "cold gun," or a weapon without live ammo that was safe to use.
In an affidavit released Wednesday, Halls told investigators he had not inspected the prop gun thoroughly following a production lunch break.
"Assuming it was just incompetence or a colossal mistake, that rises to the level of criminal negligence, which would be sufficient for a manslaughter prosecution," Rahmani says. He added that if charges are brought, the person who loaded the gun could be prosecuted, as well as anyone who knew the gun contained live ammunition.
Fiset says production companies involved with "Rust" could also face charges should negligence of safety policies on their part be uncovered. Corporate charges usually amount to large fines and not jail time, she says.
"It very much depends on what anybody knew about that prop gun and if there was such a high degree of carelessness in its handling, all the way up to its purchase, all the way down to its handling by the actor," she says. "Law enforcement will be looking at every aspect of that."
Alec Baldwin discharged prop gun containing a 'live single round' in fatal 'Rust' set incident
