Alec Baldwin and Hannah Gutierrez-Reed were formally charged for the death of Halyna Hutchins on the “Rust” movie set. The first charge was involuntary manslaughter. The second charge was involuntary manslaughter in the commission of a lawful act. Why the double-barreled charges for the same crime?
IANAL Disclaimer
Before I deep dive into today’s topic, I need to make this declaimer. I am not an attorney. Shocking, I know. I’ve seen enough episodes of “Perry Mason,” “Matlock,” and “The People’s Court” on TV to be an armchair lawyer.
If you’re interested in a real attorney’s opinion about the case, here are two videos.
- Legal Eagle’s video from over a year ago goes into detail about what happened at the crime scene.
- Legal Bytes’ recent video goes into detail about the involuntary manslaughter charges.
Double-Barreled Charges
Actor/Producer Alec Baldwin and Armorer Hannah Gutierrez-Reed were formally charged on January 31, 2023. The first charge was involuntary manslaughter. The second charge was involuntary manslaughter in the commission of a lawful act.
Both charges are punishable by 18 months in jail and a $5,000 fine. The second charge has a special gun enhancement that adds a five-year prison term. The jury will decide which charge to use for their deliberations.
A side note on the gun enhancement. The version that the district attorney filed with the court didn’t become law until May 18, 2022. The shooting took place on October 21, 2021. The U.S. Constitution prohibits charging people with new laws that didn’t exist at the time of the crime.
The earlier version was about “brandishing” a weapon and didn’t have a five-year prison term. The defense attorneys could get the second charge dismissed or have the court use the earlier version of the law.
Why the double-barreled charges for the same crime?
If the jury doesn’t convict on the second charge, they can convict on the first charge. Based on what we know, it’s unlikely that either defendant will be found innocent.
What happens next?
Alec Baldwin and Hannah Gutierrez-Reed will have their preliminary hearing on February, 24, 2023. The plea deal for First Assistant Director David Halls still has to be approval by the judge. A trial date should be set for later this year.