Alec Baldwin will be charged in accidental shooting of Halyna Hutchins

On October 21, 2021, on the Rust movie set in Santa Fe County, New Mexico, a gun being handled by Alec Baldwin discharged with a live round, killing cinematographer Halyna Hutchins.  The gun should have either been unloaded or loaded with blanks.  It was not.

On January 19,2023, the Santa Fe County district attorney, Mary Carmack Altweis, announced that involuntary manslaughter charges were being filed against Baldwin and the movie set armorer, Hannah Gutierrez-Reed.

Here is the New Mexico criminal statute that Baldwin is being charged under as well as the jury instruction.

30-2-3. Manslaughter.

Manslaughter is the unlawful killing of a human being without malice.

A.  Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.

Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being.

B.  Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.

Whoever commits involuntary manslaughter is guilty of a fourth degree felony.

14-231. Involuntary manslaughter; essential elements.

For you to find the defendant guilty of involuntary manslaughter [as charged in Count ________], the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1.   __________________ (name of defendant) ______________________________ (describe defendant's act);

2.   ________________________ (name of defendant) should have known of the danger involved by ________________________'s (name of defendant) actions;

3.   ________________________ (name of defendant) acted with a willful disregard for the safety of others;

4.   ________________________'s (name of defendant) act caused the death of ________________________ (name of victim);

5.   This happened in New Mexico on or about the ________ day of ______________, ________.


1.   This instruction is used in all involuntary manslaughter prosecutions.

2.   Insert the count number if more than one count is charged.

After the criminal case has been filed, the case docket can be followed at this court site.  Do a name search: "Baldwin Alec" or "Baldwin A."


Image: Alec Baldwin.  Credit: Gage Skidmore via Flickr, CC BY-SA 2.0.

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