Probable Cause

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By Helen BushbyEntertainment reporter

Actor and producer Alec Baldwin is no longer facing charges of involuntary manslaughter, after criminal charges against him were dropped over a fatal on-set shooting.

Cinematographer Halyna Hutchins was killed by a live bullet fired from a prop gun being used by Baldwin, on the set of the film Rust in 2021.

Hannah Gutierrez-Reed, the film's armourer responsible for safety on the set, is still facing two counts of involuntary manslaughter.

She is fighting the charges in Santa Fe Magistrates Court, New Mexico, and there will be a preliminary hearing on 3 May.

Here is a summary of the events so far.

21 October 2021

and director Joel Souza is injured after Alec Baldwin fires a prop gun on a film set for 19th Century western Rust in New Mexico.

Ukrainian-born Hutchins was shot while working as the film's director of photography. The 42-year-old was flown to hospital by helicopter, but died of her injuries. Souza was taken by ambulance from the scene at Bonanza Creek Ranch.

Baldwin, who is also a co-producer of Rust, plays the film's lead and namesake - an outlaw whose 13-year-old grandson is convicted of manslaughter. The actor, 64, is best-known as Jack Donaghy on the NBC sitcom 30 Rock, and for his portrayal of Donald Trump on sketch show Saturday Night Live.

: " My heart is broken for her husband, their son, and all who knew and loved Halyna. " He said he was " fully co-operating with the police investigation".

23 October 2021

In his first statement since the on-set shooting, injured director Souza.

Hutchins was fatally shot in the chest. Souza, who had been standing behind her, was treated in hospital for a wound to the shoulder, and later discharged.

Court submissions show assistant director David Halls did not know the gun contained live ammunition, and indicated it was unloaded by shouting " cold gun! "

24 October 2021

to mourn Hutchins, with industry professionals among those lighting candles in her memory.

25 October 2021

Alec Baldwin was drawing a revolver across his body and pointing it at a camera during the on-set rehearsal when the gun fired.

26 October 2021

It is revealed Rust's assistant director, David Halls, had been over gun safety violations in 2019.

A statement from the producers of that film told news agency AFP that Halls was dismissed after a crew member " incurred a minor and temporary injury when a gun was unexpectedly discharged".

Halls could not be reached for comment. There is no suggestion that he was at fault for the Rust incident.

28 October 2021

over the shooting on the set of Rust, police say, a week after the tragedy.

Investigators said a " lead projectile" had been removed from director Souza's shoulder, and that it appeared to be a live round.

Sante Fe County Sheriff Adan Mendoza said police had recovered 600 pieces of evidence so far - including three firearms and 500 rounds of ammunition.

31 October 2021

since the shooting, calling Hutchins " my friend".

" The day I arrived in Santa Fe and started shooting I took her [Hutchins] to dinner with Joel, " he said. " We were a very, very well-oiled crew shooting a film together, and then this horrible event happened. "

He said police had ordered him not to discuss the ongoing investigation, but described the accident as a " one-in-a-trillion episode".

He tells reporters he would be in favour of limiting the future use of firearms on film productions to protect people's safety.

17 November 2021

that the film script did not require him to fire a gun when he fatally shot cinematographer Halyna Hutchins.

Script supervisor Mamie Mitchell - who called police after the shooting on the New Mexico film set - filed the case.

Her lawyer, Gloria Allred, accused the actor of " playing Russian roulette" when he fired the gun without checking it first.

1 December 2021

to search the premises of an arms supplier.

An affidavit - a written statement of evidence - with the warrant says police were told ammunition for the film had come from several sources, including PDQ Arm & Prop.

The affidavit said the ammunition supplier's owner, Seth Kenney, had told investigators the live round may have been from some " reloaded ammunition".

He said the ammunition he supplied for the film consisted of dummy rounds and blanks, according to the affidavit.

3 December 2021

telling George Stephanopoulos of ABC News: " It could be" adding that he did not care.

He also says he " didn't pull the trigger" of the gun during the incident, and adds: " Someone put a live bullet in a gun. I know it's not me. "

Baldwin said that, while he didn't feel guilty, the incident had left him emotionally scarred.

According to court records, Halls was given the gun by Gutierrez-Reed. Her lawyers have said she did not know where " the live rounds came from". That question lies at the centre of the police investigation.

17 December 2021

, issued by a Sante Fe court. The warrant claims " there may be evidence on the phone" that could be " material and relevant to this investigation".

Investigators move to confiscate Baldwin's iPhone to look at text messages, emails, web browser history and other information.

9 January 2022

Despite obtaining a search warrant more than three weeks earlier, in December, officials say they have been unable to obtain Baldwin's phone.

at suggestions he is not complying with the investigation.

In a the actor says " any suggestion" he had been deliberately evasive with investigators was a " lie".

" They can't just go through your phone and take your photos, or your love letters to your wife, or what have you, " Mr Baldwin said. " That is a process that takes time. But of course we are going to comply 1000% with all that. "

13 January 2022

, alleging his company distributed " a mix of dummy and live ammunition" on set.

She filed her legal claim in New Mexico state court, and is seeking unspecified damages from Seth Kenney and PDQ Arm and Prop LLC. Kenney has not yet commented.

Her claim states: " The ammunition was misrepresented as only dummy ammunition when it contained both dummy and live ammunition. "

But in December, Kenney had told Good Morning America: " It's not possible that they [the live rounds] came from PDQ or myself personally. "

Court documents state Gutierrez-Reed said police discovered seven bullets suspected of being live after the shooting, according to AFP news agency.

The documents said the bullets were distributed among a box of cartridges with other ammunition and cartridge belts, intended for the actors to use as accessories.

15 January 2022

investigating the fatal shooting.

15 February 2022

Hutchins' family brings a lawsuit against Baldwin, assistant director Halls, armourer Gutierrez-Reed and prop master Sarah Zachry.

Baldwin " recklessly shot and killed" cinematographer Halyna Hutchins on the set of Rust in October 2021.

Lawyers for the Hutchins' family say she would still be alive if crew members had not cut corners.

The case was filed in the First Judicial District Court of New Mexico on behalf of the cinematographer's husband, Matthew, and son Andros, and seeks unspecified damages.

24 February 2022

Hutchins' husband for her death.

Matthew Hutchins tells NBC's Today: " I was angry to see him talk about her death so publicly in such a detailed way, and then to not accept responsibility after having just described killing her. "

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The by authorities for failing to follow safety guidelines.

The makers of the film showed " plain indifference to recognised hazards associated with use of firearms on set" according to the New Mexico Environment Department.

The agency issues the maximum $136,793 (£105,000) fine to Rust Movie Productions.

26 April 2022

Police release footage from the set of Rust,

Santa Fe Sheriff Adan Mendoza also releases crime scene photos and witness interviews with people including Baldwin.

11 May 2022

The producers of Rust before the on-set shooting tragedy.

Rust Movie Productions says it " enforced all applicable safety protocols".

In legal documents filed to contest the official findings, the firm also said it " did not 'wilfully' violate any safety protocol".

5 October 2022

Baldwin.

Filming of Rust will continue in January 2023, with her widower Matthew on board as the movie's executive producer.

All parties believe Hutchins' death was an accident, her husband said.

The exact terms of the settlement, which is subject to court approval, are not disclosed.

Heather Brewer, spokesperson for the office of the first judicial district attorney for New Mexico, said the proposed settlement " will have no impact on District Attorney Mary Carmack-Altweis' ongoing investigation, or her ultimate decision whether to file criminal charges in the case".

19 January 2023

over the shooting of Halyna Hutchins, District Attorney Mary Carmack-Altwies announces.

Lawyers for both say they intend to fight the charges in court.

Both face up to 18 months in jail and a $5,000 (£4,040) fine if convicted. They will be tried by a jury, prosecutors say.

Assistant director David Halls entered a guilty plea to a misdemeanour charge of negligent use of a deadly weapon, prosecutors said. He will spend six months serving probation.

31 January 2023

Baldwin was on the phone during firearms training for Rust,

Santa Fe's District Attorney's Office accuse the actor of " many instances of extremely reckless acts".

" If Mr Baldwin had performed mandatory safety checks with armourer Hannah Gutierrez-Reed and not pointed the gun at Hutchins, the " tragedy would not have occurred" wrote Robert Shilling. He is a special investigator for the district attorney's office, and wrote this in a statement of probable cause filed with the manslaughter charges.

Baldwin has previously denied responsibility for the shooting and a representative declined to comment to the BBC.

A lawyer for Gutierrez-Reed says she " will fight these charges" and blamed Halls for not letting her know that a real gun was to be used in the moment when the fatal shooting occurred.

9 February 2023

Hutchins' family

Their lawyer, Gloria Allred, says they were " devastated by the shocking killing" and " feel strongly that anyone who is responsible for her loss must be held accountable".

The case alleges intentional infliction of emotional distress and negligence, and is being brought in Los Angeles County Superior Court by Hutchins' mother, father and sister, who are living in Ukraine.

15 February 2023

Filming on Rust is to, according to US reports, with Baldwin remaining in the the starring role. It is shifting location to Montana.

A mix of new and old crew members will work on the film, with Bianca Cline taking over as cinematographer.

Meanwhile Hutchins' widower Matthew has also approved a documentary about his late wife, producers said.

The documentary, made " at [executive producer, Mr] Hutchins' behest, and with his blessing and support" will explore Ms Hutchins' life and " final work, including the completion of the film" a statement said.

Rust Movie productions, which Baldwin is part of, have said that the scene which was being rehearsed when Ms Hutchins was shot has now been rewritten, and that the " any use of working weapons and any form of ammunition" had been barred from the set.

20 February 2023

Prosecutors in New Mexico, in a move which reduces possible prison time for the actor, as the charges carry a mandatory five-year prison sentence.

He still faces up to 18 months in prison under involuntary manslaughter charges.

Heather Brewer, Santa Fe county district attorney spokesperson, said the prosecution dropped the firearm enhancement charge to " avoid further litigious distractions by Mr Baldwin and his attorneys".

According to CBS News, the BBC's US partner, prosecutors also dropped the firearm enhancement charge for Gutierrez-Reed.

Lawyers for Baldwin and Gutierrez-Reed had been arguing against the firearm enhancement charge, saying prosecutors were applying a version of the law passed after the October 2021 shooting accident.

23 February 2023

for the fatal shooting of Halyna Hutchins on the set of Rust.

He entered his plea online and also waived his right to an upcoming virtual court hearing.

Gutierrez-Reed is also accused of involuntary manslaughter; prosecutors say she failed to ensure that dummy bullets were loaded into the gun that killed Hutchins.

20 April 2023

over the fatal on-set shooting.

A statement, released by New Mexico special prosecutors Kari Morrissey and Jason Lewis, said that " over the last few days. . new facts were revealed" in the case, requiring further investigation.

" This decision does not absolve Mr Baldwin of criminal culpability and charges may be refiled, " the statement continued, adding: " Our follow-up investigation will remain active and ongoing. "

A lawyer for Mr Baldwin praised the move by prosecutors, saying: " We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident. "

The film's armourer, Hannah Gutierrez-Reed, is still facing two counts of involuntary manslaughter, and there will be a preliminary hearing on 3 May.

On the same day, in Montana.

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Source of news: bbc.com