Alec Baldwin could soon face charges for role in fatal ‘Rust’ shooting: DA
Alec Baldwin may soon face criminal charges for allegedly firing the round that killed cinematographer Halyna Hutchins on the set of “Rust” as the Santa Fe Sheriff’s Office prepares to release its final investigative report on the shooting, documents obtained by The Post show.
Santa Fe District Attorney Mary Carmack-Altwies filed an emergency request for $635,500 from New Mexico’s Board of Finance so her office would have the funds necessary to prosecute up to four people in connection with the incident, a copy of the request states.
She didn’t disclose who those four people are but noted in the request “one of the possible defendants is well known movie actor Alec Baldwin” and the prosecution could require up to four separate jury trials, the document states.
“During the filming of [Rust], Alec Baldwin shot and killed Halyna Hutchins and injured Joel Souza while rehearsing a scene. Many individuals had handled the gun that ultimately killed Hutchins and injured Souza,” Carmack-Altwies wrote in the request.
“Since October of [2021], my office has been waiting for evidence to be examined by the FBI. The results of the investigation have now been returned to my office. Only a few items are outstanding but are expected any day.”
After receiving the bulk of the evidence, Santa Fe prosecutors determined “defendants from ‘RUST’ would need to be prosecuted immediately,” leading the office to move forward with the grant application, Carmack-Altwies wrote in the request.
“I am ready to start the decision of what individuals will be criminally charged in this case,” she wrote.
Baldwin has repeatedly denied firing the gun, which had been in his hands during a rehearsal last October, and said it went off accidentally. But a recent FBI forensic report concluded the firearm couldn’t have gone off unless someone pulled the trigger.
The actor’s attorney, Luke Nikas, released a statement saying it’s still unclear who could be charged, if anyone.
“The DA has made clear that she has not received the sheriff’s report or made any decisions about who, if anyone, might be charged in this case,” Nikas said.
“During my communications with the DA’s office just a few weeks ago, after the August 30 funding request was submitted, I was told that it would be premature to discuss the case because they had not yet reviewed the file or deliberated about their charging decision.”
When asked by the Santa Fe New Mexican what specific charges could be brought, Carmack-Altwies said her office’s attorneys are “certainly looking at all the homicide statutes and any gun statutes under New Mexico criminal code.”
In the request, Carmack-Altwies said the funding is necessary because there’s not enough money in the office’s budget to prosecute such a high-profile case and attend to other cases already on the docket.
The cash would be used to contract an “additional, more qualified” attorney with 26 years of experience as a prosecutor who could “devote her full time and attention to this matter.”
The office would also need to tap a special investigator, paralegal, media spokesperson and numerous experts on firearms, firearm handling on movie sets and safety protocols on movie sets, the document states.
If the funding is denied, “the entire community will be affected,” Carmack-Altwies argued.
“Monies will have to be moved off lower profile cases to supplement prosecuting the ‘RUST’ case. This could allow repeat and dangerous offenders to be pled out versus pursuing jury trials to save money,” she wrote.
“This will put dangerous criminals back on the streets and will affect the safety of the entire community.”
The state finance board ultimately awarded the office $317,000 — about half of what it had sought, documents show.
The office will request a special appropriation for the rest of the money, Carmack-Altwies told the Santa Fe New Mexican.
