Alec Baldwin faces up to 5 years in prison for manslaughter

In what his lawyer has described as a "terrible miscarriage of justice," Alec Baldwin faces up to five years in prison after being charged over the fatal shooting on the set of his movie, Rust.

In October 2021 42-year-old cinematographer Halyna Hutchins was killed, and the film's director Joel Souza was wounded, when a gun Baldwin was using in a rehearsal for the film fired off a live bullet.

Prosecutors in Santa Fe announced that both Baldwin and the film's 24-year-old armourer overseeing the handling of weapons, Hannah Gutierrez-Reed, would be charged with two counts of involuntary manslaughter. They stated that the actor "had a duty" to ensure the gun and the bullets were properly checked. "You should not point a gun at someone that you're not willing to shoot," Santa Fe First Judicial District Attorney Mary Carmack-Altwies said.

Baldwin has vowed to fight the charges and denies responsibility for the Ukrainian-born cinematographer's death.

64-year-old Mr Baldwin, who was also a producer on the film, has said he believed the gun was not loaded with live rounds and was what in the film world is called "cold"- meaning it carried blanks and could not hurt anyone.

In New Mexico, where the incident took place, involuntary manslaughter carries a $5,000 (£4,000) fine and a maximum sentence of 18 months in prison.  The second charge is 'involuntary manslaughter in the commission of a lawful act', which carries a mandatory penalty of five years in prison and requires proof that there was more than simple negligence. If convicted of the latter, the sentences would most likely be merged.

The film's first assistant director, David Halls, agreed to plead guilty to the charge of the negligent use of a deadly weapon. Both Mr Halls and Ms Gutierrez Reed handled the gun before it was given to Baldwin for the rehearsal in which the actor was practising pulling out the revolver.

After the charges were announced, Luke Nikas, Baldwin's attorney, called it 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," Mr Nikas said.

Further comment was made, "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."

District Attorney Carmack-Altwies said the charges brought against the award-winning star showed "no one is above the law, and everyone deserves justice." She said a warrant would not be issued for Baldwin's arrest, but that the state would send out a court summons in the coming weeks.

In a statement, the special prosecutor Andrea Reeb said: "If any of these three people had done their job, Halyna Hutchins would be alive today. It's that simple. The evidence clearly shows a pattern of criminal disregard for safety on the Rust film set."

Prosecutors have also pushed back against criticism of the 15-month delay in making a decision, saying they had to wait for reports from the FBI and the Santa Fe County Sheriff's Office which took a year.

Ms Hutchins's family welcomed the news her and the father of her child, Matthew Hutchins, said: "It is a comfort that, in New Mexico, no one is above the law. We support the charges."

New Mexico's medical examiner has ruled the shooting an accident.

The Johnson Partnership

(formerly GV Hale)