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HomeEntertaintmentRust Shooting Case: Timeline & Updates

Rust Shooting Case: Timeline & Updates

Rust Shooting Case: Timeline & Updates
Halyna Hutchins-Photo by Fred Hayes/Getty Images for SAGindie

Halyna Hutchins-Photo by Fred Hayes/Getty Images for SAGindie

 

For background information on the tragedy, and any of the events leading up to this outline,

please see “Rust: The Day so Much Changed For so Many”

You can link to the article by clicking on the photo (right).  Thank you.

 

 

 

 


UPDATES


Update:  March 31, 2023 – David Halls, First Assistant Director, Sentenced and Convicted…

Dave Halls, the first assistant director for Rust, has been sentenced and convicted for the on-set shooting death of cinematographer Halyna Hutchins, which represents the first conviction in the case.

A New Mexico judge approved Halls plea deal with prosecutors for a charge of negligent use of a deadly weapon for his role in Hutchins’ death on the Rust movie set Bonanza Creek Ranch in New Mexico.

District court judge Mary Marlowe Sommer sentenced Halls to a six-month suspended sentence with unsupervised probation, a $500 fine, 24 hours of community service and a firearms safety class.

the upcoming May preliminary hearing, where Judge Mary Marlowe Sommer will decide whether there is probable cause to try Baldwin and armorer Hannah Gutierrez-Reed, Halls may be called upon by the prosecution.

Under the charge of involuntary manslaughter, prosecutors must prove Gutierrez-Reed and Baldwin were not only negligent in their handling of the firearm but showed intentional disregard for Hutchins’ safety.

 

Update:  March 29, 2023 – D.A. Steps Down, Assigns two Special Prosecutors

Two days after Judge Mary Marlowe Sommer shut down the prosecution’s attempt to bring on a new special prosecutor in the Rust shooting, Santa Fe District Attorney Mary Carmack-Altwies has stepped aside and appointed a pair of special prosecutors; New Mexico attorneys Kari Morrissey and Jason Lewis.

Heather Brewer, a spokesperson for First New Mexico Judicial District Attorney, said in a statement:

“New Mexico First Judicial District Attorney Mary Carmack-Altwies on Wednesday appointed long-time New Mexico attorneys Kari Morrissey and Jason Lewis to serve as special prosecutors in the ‘Rust’ case. Morrissey’s and Lewis’ extensive experience and trial expertise will allow the state to pursue justice for Halyna Hutchins and ensure that in New Mexico everyone is held accountable under the law.

“With the appointment of new special prosecutors, Carmack-Altwies will step aside from personally prosecuting the ‘Rust’ case, allowing her to focus on the broader public safety needs in New Mexico’s First Judicial District. Carmack-Altwies will continue her record of prosecuting drunken drivers, collaborating with local law enforcement, increasing diversion efforts and securing convictions against the most dangerous and prolific offenders.”

 

Update:  March 27, 2023 – Judge Sommer “You may not Co-Counsel”

In a virtual hearing today, Judge Mary Marlowe Sommer schooled D.A. Mary Carmack-Altwies in her attempt to bring on a new special prosecutor and serve as co-counsel.  Judge Sommer told Carmack-Altwies she can’t have it both ways.  “You may not co-counsel …you stay the course and not use a special prosecutor and prosecute on your own,” she insisted. “It’s an either or,” “If you cannot prosecute, you cannot prosecute,” the judge stated.

Carmack-Altwies noted the loss of a third of her prosecution team over the last few years and therefore needs to look outside to find resources.  They do not have enough manpower to fully prosecute this case themselves.

The Judge has given Carmack-Altwies until Thursday to submit a brief under another New Mexico statute, that a District Attorney’s office can bring on board a private lawyer to help with cases on a contract basis.

 

Update:  March 24, 2023 – Rust Armorer Hannah Gutierrez-Reed Attempts to Stop the Appointment of a Special Prosecutor

In a document filed Friday, Gutierrez-Reed’s attorneys argued that Santa Fe District Attorney Carmack-Altwies was improperly using a New Mexico statue to hire a special prosecutor in the case of Gutierrez-Reed and actor Alec Baldwin.

Jason Bowles and Todd J. Bullion, Reed’s attorneys, postulate that “The Special Prosecutor statue is triggered only when the district attorney cannot act in the case,” “Obviously, the district attorney has no … authority to appoint a special prosecutor on the basis that she ‘cannot’ handle the case when she is seeking to co-counsel with the special prosecutor.  The request to co-counsel undermines the statutory basis for appointment.”

Carmack-Altwies argued that she has good cause, citing that her team of what should be 25 is short-staffed with only 17 attorneys.

“The legislative intent and caselaw is clear: the District Attorney is permitted to appoint a special prosecutor for “other good cause,” including when budgetary factors and caseloads justify doing so, as has been demonstrated here,” Carmack Altwies wrote.

Judge Mary Marlowe, who is overseeing the “Rust” cases, has scheduled a hearing on Monday to go over the appointment of a special prosecutor.

 

Update:  March 22, 2023 – Alec Baldwin Points at Rust D.A. for Threatening his “Right to a fair Trial”

Baldwin and his legal team are pointing at the D.A. accusing prosecutors of violating his “constitutional rights.”  “The government’s conduct represent a disregard of its ethical duties and it has threatened Mr. Baldwin’s right to a fair trial.”

These declarations point toward prosecutors, citing statements made by Santa Fe District Attorney Mary Carmack-Altwies’ office and now-departed special prosecutor Andrea Reeb about Baldwin’s “gross negligence and a reckless disregard for safety on the Rust film set” and more.

The D.A. initially defended the appointment of Reeb to Rust special prosecutor, however on March 14, 2023, Reeb stepped down.   Luke Nikas, Baldwin’s Lawyer with the New York-based firm Quinn, Emanuel, Urquhart & Sullivan, wasted no time on jumping on revelations from the New York Times that Reeb asked Carmack-Altwies last June to publicize the fact that she was working on the case in order to advance her political career.

 

Update:  March 21, 2023 – The Times makes a Significant Discovery

On March 14, 2023, Andrea Reeb stepped down as special prosecutor in the Rust trial against Alec Baldwin and Hannah Gutierrez.  In a significant discovery, emails sent to the Santa Fe district attorney last fall and acquired by The New York Times, Reeb believed working on the case could help her electoral campaign.

Reeb was selected by District Attorney Mary Carmack-Altwies last June to handle criminal charges filed against Baldwin and Gutierrez related to the accidental death of “Rust” cinematographer Halyna Hutchins.  Those charges are of Involuntary Manslaughter and carry a potential 18-month prison sentence.

Reeb was also running as a Republican for a seat in the New Mexico House of Representatives in the November midterm elections, and subsequently won her election.  New emails, which were acquired by the New York Times via a request under the state’s Inspection of Public Records Act, showed that Reeb told Carmack-Altwies when she was hired that she understood the DA’s decision not to inform the press about her appointment.

“At some point though,” Reeb wrote, “I’d at least like to get out there that I am assisting you … as it might help in my campaign lol.”

Reeb, was part of the team that brought the involuntary manslaughter charges against Baldwin and Gutierrez-Reed while striking a plea deal with “Rust” assistant director David Halls.

 

Update:  March 14, 2023 – Special Prosecutor Andrea Reeb Steps Down

With less than two weeks to go before the court hearing on the motion to have Andrea Reeb removed from the case, she has stepped down.

On Feb 7, 2023 Alec Baldwin’s lawyer filed a motion to disqualify special prosecutor Andrea Reeb, arguing that she cannot simultaneously serve as a prosecutor and a state legislator and that it was unconstitutional for Reeb to serve as special prosecutor because of her dual role as an elected GOP New Mexico legislator.

New Mexico First Judicial D.A. Mary Carmack-Altwies’ office has released a statement on behalf of Reeb, announcing that the special prosecutor will be stepping aside:

After much reflection, I have made the difficult decision to step down as special prosecutor in the Rust case. My priority in this case — and in every case I’ve prosecuted in my 25-year career — has been justice for the victim. However, it has become clear that the best way I can ensure justice is served in this case is to step down so that the prosecution can focus on the evidence and the facts, which clearly show a complete disregard for basic safety protocols led to the death of Halyna Hutchins. I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand.

The hearing on the motion to disqualify Reeb was set for March 27 in front on Judge Mary Marlow Sommer.

 

Update:  March 9, 2023 – State’s Notice of Intent to Call Expert Witnesses/Subject Area of Testimony…

On March 9, 2023, the State’s Notice of Intent to Call Expert Witnesses/Subject Area of Testimony has been filed with the Judicial District Court for the State of New Mexico, County of Santa Fe.  In the document, State of New Mexico vs Alexander Rae Baldwin, Hannah Gutierrez, and David Halls, District Attorney, Mary Carmack-Altwies, gives notice that it intends to call the following witnesses as experts, providing the subject area in which the designated experts will testify:

  1. Bryan W. Carpenter – Expert in the area of Training Actors/Stunt Performers/Crew Members in the proper use of firearms and weapons on set.
  2. Robert W. Gillette, FBI/Lab Division Explosives Unit – Expert in the Area of Forensic examination of explosives.
  3. Jerrilyn M. Conway, DNA Casework Unit, FBI, Laboratory – Expert in the area of Serological and Nuclear DNA analysis and examinations.
  4. Shannon E. Prince, Physical Scientist/Forensic Examiner, FBI, Laboratory, Latent Print Operations Unit – Expert in the areas of examination of latent prints.
  5. Bryce A. Ziegler, FBI Laboratory Division, Firearms/Toolmarks Unit – Expert in the area of forensic examination of firearms and tool marks.
  6. Brianna L. Peterson, PhD., F-ABFT Forensic Toxicologist – Expert in Toxicology
  7. Heather Jarrell, MD OMI, Chief Medical Examiner OMI – Expert in toxicology, expert in toxicology in the field, Forensic Neuropathology.
  8. Brianna Peterson, PhD, F-ABFT Toxicologist II – Clinical and forensic toxicology analysis.
  9. Lee Stewart Anderson, Jr. MD – Expert in the treatment of patients in emergency situations.

 

Update:  March 9, 2023 – D.A. Refutes Alec Baldwin’s Legal Team Claim that the Gun at the Center of this Case, has been Destroyed

During a virtual hearing in the criminal case, attorney Alex Spiro, a member of Alec Baldwin’s legal team, made it known that they recently learned that the prop gun [.45 Colt (.45 Long Colt) calibre F.lli Pietta single-action revolver] that delivered the fatal shot that killed cinematographer Halyna Hutchins and wounded director Joel Souza, has been destroyed.

“The court, I don’t think is aware of this point, but I think I should tell the court that the firearm in this case, that’s a great subject of it, was destroyed by the state,” Spiro told the court in a statement obtained by Deadline. “So, that’s obviously an issue and we’re going to need to see that firearm, or what’s left of it.”

Back in August 2022 the FBI released their forensic analysis findings of the deadly shooting and in particular the accidental discharge testing determined the following;

  • The hammer in the quarter and half-cock positions, the gun could not be made to fire without a pull of the trigger.
  • With the hammer fully cocked, the gun could not be made to fire without a pull of the trigger while the internal components were intact and functional.
  • With the hammer de-cocked on a loaded chamber, the gun was able to detonate a primer without a pull of the trigger when the hammer was struck directly, which is normal for this type of revolver.
  • Damage was done to internal components of the gun during the FBI’s functionality testing.

While Baldwin has maintained throughout, that “The trigger wasn’t pulled, I didn’t pull the trigger,” the FBI findings refute that claim, however it would seem that additional testing on the gun will not be possible, as internal portions of the gun are damaged.

A rebuttal was issued in response to Spiro’s statement from DA spokesperson Heather Brewer; “The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state. The gun is in evidence and is available for the defence to review.”

 

Update:  March 8, 2023 – L.A. Court presses pause on Negligence Trial

While a cascade of lawsuits plagues Alec Baldwin and Rust Productions stemming from the accidental fatal shooting of Halyna Hutchins on Oct 21, 2021, it seems that a temporary reprieve is in the offing.

The Los Angeles Superior Court Judge, Michael E. Whitaker has stipulated that, subject to approval by the Court; “The trial date be continued from May 17, 2023 to February 21, 2024…” in response to a petition from the legal team representing Baldwin and Rust producers et al, including the plaintiff Maime Mitchell in her negligence lawsuit, which postpones action until after the expected criminal trial in New Mexico is over.

Mitchell, who was the script supervisor on the film, and who was standing next to Hutchins and Souza when the shooting occurred, filed her lawsuit for punitive damages against Baldwin, the producers, Reed, Halls, property master Sarah Zachry and others on November 17, 2021.  Baldwin’s cross-complaint for negligence and indemnification against Reed, Halls, Zachry and Rust weapons and rounds supplier Seth Kenny is also halted until next year.

 

Update:  February 27, 2023 – More Developments Since the Feb 24th Hearing…

  • Hannah Gutierrez was not required to enter a plea at her initial hearing on February 24th, but she was ordered by the Judge to have no contact with any potential witnesses in this case, which will be made easier since it has been confirmed that she will not be a part of the resurrected version of the Rust movie when it resumes production in the spring at the Yellowstone Ranch in Montana.
  • Actor and producer Alec Baldwin will be participating in the production of Rust when it resumes, therefore he is allowed to communicate with some people on the D.A.’s witness list, but only in the course of business related to the film.
  • Back in April 2022, the New Mexico Occupational Health and Safety Bureau issued a 136,793 penalty to Rust Movie Productions, which is the highest amount allowable by law. Just prior to the February 24th hearing, OSHA returned its ruling and under a settlement with the producers, the bureau reduced its maximum fine of $136,793 to $100,000 and altered a “Willful-Serious citation” of conditions on the Rust set to “Serious.”

This ruling carries some significance, since in the wake of additional crew members filing their own lawsuits alleging physical and emotional damages, in what could otherwise be considered workplace accident circumstances, employers can direct such claims be handled by the state workers’ compensation system.  The crew members would be able to circumvent this path if the employer (in this case Rust Productions) committed a “willful” violation that led to the injury.  A “willful” violation means that the employer “knowingly” and “purposely” ignored safety standards.  The ruling that has reduced the penalty to “serious” could result in crew members finding it more difficult to sue for damages, to avoid being forced into workers comp.

  • While it remains to be seen if the reduced penalty against Rust Productions by OSHA funnels damage lawsuits in the direction of the Workers’ Compensation system, another suit has been filed. This is another negligence lawsuit involving Ross Addiego, Doran Curtin and Reese Price.  The trio of crew members were present during the accidental shooting and have articulated sound, force and physical trauma injuries, for which they seek compensation.
  • It is noteworthy that the now retired First Assistant Director David Halls, who handed Baldwin the “cold gun” (one without ammunition) that shot Hutchins and Souza, made a plea deal (unreleased) with prosecutors that will see him serve no jail time and appear as a witness for the D.A.

 

Update:  February 27, 2023 – Baldwin and Hall Enter pleas of Not Guilty…

Alec Baldwin and Hannah Gutierrez-Reed were formally charged with manslaughter by Santa Fe D.A. Mary Carmack-Altwies on January 31, 2023 in the October 21, 2021 death of Halyna Hutchins.  The charges were amended on Friday February 17, removing the firearm enhancement and reducing the possible prison sentence from a minimum of five years to a maximum of 18 months, leading up to the ‘virtual’ arraignment on Friday February 24.  Friday’s hearing was to be the first and would give the defendants the opportunity to enter a plea, if appropriate to do so.

Both Hall and Baldwin filed waivers of first appearance on February 22 and February 23 respectively, meaning they have agreed to forgo having their rights explained to them and entered a plea of not guilty.

Hannah Gutierrez-Reed made her virtual appearance on Friday Feb 24th.  She was not required to enter a plea, but instead was given her constitutional rights and Conditions of Release.  Court documents for this ongoing case show the waiver documents filed for Baldwin and Hall (links below) and conditions of release details for Baldwin (also below).  The conditions of release for Reed are listed, as follows;

  • Released on own Recognizance,
  • Maintain employment,
  • Maintain contact with her Attorney,
  • No Contact with Witnesses,
  • Be allowed to possess a firearm within her own home for protection.

The court will set a date for the Status Hearing in the days ahead.  The court will hear the Preliminary Examination once the motion to disqualify has been heard.

Update:  February 22, 2023 – Rust to Resume Filming in Montana this Spring…

In a sentiment that is echoed by many, it seems that honoring Halyna Hutchins’ last project, Rust, will move forward as planned.  The producers have announced today that they are aiming for a Spring re-start to complete the film at the Yellowstone Film Ranch in Montana where the hit TV show “Yellowstone” is filmed.

Initially, it was announced last October 2022 that Rust would resume in January 2023.  Production was about halfway to completion when Hutchins was killed, and while Alec Baldwin has been charged with involuntary manslaughter in her death, he is still slated as the lead role on the film.

Exterior Photo-Courtesy Yellowstone Film Ranch

The production released a statement from Richard Gray, Carter Boehm, and Colin Davis, the founders of Yellowstone Film Ranch; “The dedication and passion of the entire ‘Rust’ production team to honor Halyna’s vision has deeply moved us,” they said. “We’ve learned so much about Halyna as a friend and colleague, the depth of her artistry, and the lasting impact she had on so many. We are honored to play a role in the realization of her vision and to carry forward her inspiring legacy through championing this film.”

Joel Souza, the director who was wounded in the shooting, also issued a statement: “I am deeply grateful to Richie, Carter, and Colin for the invitation to the Yellowstone Film Ranch in Montana. Their unwavering friendship, support, and now partnership in completing ‘Rust’ and honoring Halyna means the world to me and our entire production team. The beauty of Montana surpasses words, and the warm hospitality and kindness extended by everyone I’ve met has been both humbling and inspiring. It is a privilege to work with such great partners as we see this through on Halyna’s behalf.”

Baldwin and Hannah Gutierrez-Reed, are due to be “virtually” arraigned on Friday in court in Santa Fe regarding the death of Halyna Hutchins.  As no working weapons are being used on set, Gutierrez-Reed is no longer involved in the production.

Update:  February 20, 2023 – Alec Baldwin’s Manslaughter Charges Downgraded…

While still facing manslaughter, prosecutors have downgraded the charges against Alec Baldwin, reducing the possible prison time for the fatal accident that took the life of Halyna Hutchins on October 21, 2021.  Lawyers for Baldwin and Hannah Gutierrez-Reed argued earlier this month that the Santa Fe D.A. were unjustly charging their clients under a version of the firearm enhancement law that had not been passed until May 2022, seven months after the incident occurred.

On Friday February 17, Carmack-Altwies filed altered charges for Baldwin and Gutierrez-Reed, removing the firearm enhancement and reducing their possible prison sentence from a minimum of five years to a maximum of 18 months.

According to Heather Brewer, spokesperson for the New Mexico First Judicial District Attorney, these changes were filed “In order to avoid further litigious distractions by Mr. Baldwin and his attorneys, the district attorney and the special prosecutor have removed the firearm enhancement to the involuntary manslaughter charges in the death of Halyna Hutchins on the “Rust” film set.”

On Tuesday February 7, 2023, Alec Baldwin’s lawyer filed a motion to disqualify special prosecutor Andrea Reeb, arguing that she cannot simultaneously serve as a prosecutor and a state legislator.  The New Mexico First Judicial D.A. has filed a motion for “Extension of Time.”  New Mexico Judge Mary Marlow Sommer has granted the D.A. its request to have until March 6 to respond to the defence’s motion on Reeb.

Hannah Gutierrez Alec Baldwin
See Amended Charges-Click on the Image See Amended Charges-Click on the Image

Update:  February 17, 2023 – Halyna Hutchins’ Widower Added to D.A. Witness List…

With the looming February 24th first court hearing (Feb 24) fast approaching, the Santa Fe District Attorney has added Matthew Hutchins to its witness list.  This marks the fourth time the D.A.’s witness list has been updated since it’s first filing on January 31, 2023.  The initial hearing on Feb 24th will be held before state Judge Mary Marlowe Summer.  It seems an odd turn of events as Matthew Hutchins remains an active executive producer (EP) on the movie, the outcome of his own called off wrongful-death suit filed against Baldwin and Rust producers.

January 31, 2023
February 3, 2023
February 13, 2023
February 16, 2023
State’s Witness List for Preliminary Hearing, and Amended Versions

It is possible that the D.A. is looking to build a robust case to take before a jury.  The list includes Hutchins, Joel Souza, David Halls (who cut an as-yet-unrealeased plea deal with the D.A.), FBI agents, Santa Fe Sheriff’s Office detectives and Maime Mitchell (script supervisor who filed a negligence civil suit in L.A. against Baldwin and Rust producers).  Seth Kenney (armorer mentor) and prop master Sarah Zachry are also on the witness list, both of whom were under scrutiny for the shooting and the unresolved matter of how live ammo got on the set.

Update:  February 14, 2023 – Rust Movie Hoping for a Spring Restart…

The indie Western film Rust is hoping for a spring start date to resume work on the movie.  This is the second of such announcements, the first being last October which hinted at a January 2023 restart, that did not come to pass.  While there is no word yet on who is returning from the cast, the following crew members will continue their participation; stunt coordinator Allan Graf, costume designer Terese Davis, makeup department head Stacy Lockhart and hair department head Anna Williams.

Bianca Cline has been signed on as the movie’s new cinematographer.  Cline will donate her salary to charity in honor of Halyna Hutchins, the project’s original cinematographer who was fatally injured on set, October 21, 2021 when a prop gun held by Alex Baldwin, misfired, killing Hutchins and injuring the director, Joel Souza.

“Though bittersweet, I am grateful that a brilliant and dedicated new production team joining former cast and crew are committed to completing what Halyna and I started,” director Joel Souza said today in a statement. “My every effort on this film will be devoted to honoring Halyna’s legacy and making her proud.  It is a privilege to see this through on her behalf.”

Souza and several members of the original Rust production are named on the D.A.’s potential witnesses list in the Baldwin and Reed criminal case, which could go to trial later this year.  The first hearing is set for February 24, 2023.

Update:  February 11, 2023 – Another Day, Another Motion…

“Another day, another motion from Alec Baldwin and his attorneys in an attempt to distract from the gross negligence and complete disregard for safety on the Rust film set that led to Halyna Hutchins’ death…” was the response by the Santa Fe D.A.’s spokesperson Heather Brewer in response to Baldwin’s legal team filing a motion to drop the five year firearm sentencing enhancement, which did not exist at the time of the accident.

Update:  February 10, 2023 – 5 Year Firearm Sentencing Enhancement Unconstitutional…

Friday February 10, 2023, the law firm representing Alec Baldwin has filed a motion to dismiss the five year firearm sentencing enhancement statute in the charges against him, stating that it is unconstitutional based on a law passed after the shooting.  The enhancement statute did not exist until May 18, 2022, a full seven months after the accident took place.  To see the motion document, click on the image below.

Alex Baldwin
Defendants Notice of Unlawful Enhancement and Motion Not to Bind Over Enhancement

Update:  February 10, 2023 – Halyna Hutchins Ukraine Family Files Lawsuit…

Halyna Hutchins family members from the Ukraine have hired Santa Monica, California-based attorney Gloria Allred to file a lawsuit seeking damages in connection with Hutchins death on the set of the Western movie, Rust.  The lawsuit against Baldwin was filed in Los Angeles County Superior Court on behalf of Hutchins’ parents and younger sister.  While the lawsuit is being filed in California, it relies on provisions of New Mexico state law regarding the depravation of benefits, also known as “loss of consortium.”  In California only a spouse or registered domestic partner can sue for loss of consortium. The law suit alleges negligence and the depravation of benefits, based on the emotional or financial support that Hutchins previously provided to younger sister Svetlana Zemko and parents Olga Solovey and Anatolii Androsovych. The lawsuit also names as defendants a long list of “Rust” crew members, an ammunition supplier, producers of the film and affiliated businesses.

The Legal Process Begins

On October 21, 2021, cinematographer Halyna Hutchins was fatally shot on the beleaguered set of the independent film, Rust.  Over the course of the next sixteen months, the case has continued to make headlines.  Once the investigation provided enough evidence to determine probable cause to proceed, the judicial branch of New Mexico initiated the first steps of many in the federal criminal process.  That legal process has resulted in the filing of criminal charges against Hannah Gutierrez, David Halls and Alec Baldwin.  Gutierrez, Halls and Baldwin now find themselves facing the inevitable legal battle which will likely culminate in a trial.

Motion to Disqualify

On Tuesday February 7, 2023, Alec Baldwin’s lawyer filed a motion to disqualify special prosecutor Andrea Reeb, arguing that she cannot simultaneously serve as a prosecutor and a state legislator.  Andrea Reeb was brought in last year by Mary Carmack-Altwies the First Judicial District Attorney in Santa Fe, to assist on the case.  In November, Reeb was elected to the state House of Representatives.  Baldwin’s lawyers argue that the state constitution’s separation of powers provision prohibits Reeb from serving as a prosecutor and as a state lawmaker.

The D.A.’s office has previously said that Reeb’s role as a state legislator “will not impact her ability to thoroughly and effectively fulfill her role as special prosecutor in the Rust case.”  “Should any legislation before the House create a conflict of interest for her, Andrea would continue her record of doing the right thing and recuse herself from the vote,” the office stated previously.

Baldwin and co-defendant Hannah Gutierrez Reed, the armorer on “Rust,” are due to make their initial appearance on the charges on Feb. 24.  To see the motion document, click on the image below.

Alex Baldwin
Motion to Disqualify Special Prosecutor Andrea Reeb

Second Amended Witness List

District Attorney Mary Carmack-Altwies submits to the court, and to the three defendants in this case (Alec Baldwin, Hannah Gutierrez, David Halls) that the names of the witnesses who may be called to testify at a preliminary hearing, may include but are not limited to those listed within.  As of February 6, 2023, David Halls has been added as a witness for whom the state may call to testify at the preliminary hearing set for February 24, 2023.

Witnesses
Second Amended Witness List for Preliminary Hearing

Entry of Appearance and the First Amended State’s Witness List

On or about February 3, 2023, the State of New Mexico, County of Santa Fe and the District Attorney Mary Carmack-Altwies accepted three documents outlining each defendants council, along with all three defendants being issued a first Amended State’s Witness List for the upcoming Preliminary Hearing, scheduled to be February 24, 2023 for Hannah Gutierrez and Alec Baldwin and for March 8, 2023 for David Halls.

Hannah Gutierrez David Halls Alec Baldwin Witnesses
Entry of Appearance / State’s Witness List
Will be represented in this case by Jason Bowles and Todd J. Bullion.  Will be represented in this case by Lisa Torraco.  Will be represented in this case by Luke Nikas. The Witness List is the same for all three defendants.

Certificate of Appointment

District Attorney Mary Carmack-Altwies appoints Andrea Reeb to act as Special Prosecutor in the case of the State of New Mexico vs. Alec Baldwin.  When clicking on the image you will see that the document attached pertains to Alec Baldwin, but all three defendants have been served with the same Certificate of Appointment.

Hannah Gutierrez David Halls Alec Baldwin
Certificate of Appointment

Criminal Summons

On February 1, 2023, the State of New Mexico, County of Santa Fe and the District Attorney Mary Carmack-Altwies issued three documents outlining the criminal summons for the three defendants.  The preliminary hearing for Baldwin and Gutierrez is currently set for February 24, while Halls who filed a plea is set to face a judge on March 8th.  Click on the images to link to the corresponding documents:

Hannah Gutierrez David Halls Alec Baldwin
Criminal Summons – Order to Appear before Judge Mary Marlowe Sommer

The Charges

On January 31, 2023, the State of New Mexico, County of Santa Fe and the District Attorney Mary Carmack-Altwies issued three documents outlining the charges as per the criminal information listed for the three defendants.  Click on the images to link to the corresponding documents:

Hannah Gutierrez David Halls Alec Baldwin
Criminal Information – The Charges

 


Stay Tuned

Stay tuned as we continue to walk you through the steps, share any developments and offer explanations along the way.

The preliminary hearing for Baldwin and Gutierrez is currently set for February 24, while Halls who filed a plea is set to face a judge on March 8th.

Story developing… bookmark this page to stay updated on all of the details related to the case.

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