Alec Baldwin will appear in a US court for the first time on February 24 following the death of Halyna Hutchins.
The Hollywood actor is facing two counts of involuntary manslaughter following the incident on the set of the Rust movie in October 2021.
He was formally charged with the crimes Tuesday by the Santa Fe District Attorney’s office, along with the film’s gunsmith, Hannah Gutierrez Reed.
In a statement of probable cause filed with the indictment, the prosecutor alleged that Baldwin’s “reckless deviation from known standards and practice and protocol” directly caused the fatal shooting.
Baldwin will appear in Santa Fe’s Magistrates Court on February 24 at 10 a.m. local time for his hearing.
The PA news agency understands that the hearing will likely be virtual.
In his report, the prosecutor alleged that the actor had shown “deliberate disregard” for the safety of others in the days leading up to the incident and failed to attend “mandatory” firearms training.
Instead, he had endured a 30-minute on-set session during which he was distracted by a phone call to his family, the prosecutor said.
The statement added that on the day of the shooting there were “no fewer than a dozen acts or omissions of recklessness” on set in the period leading up to the incident.
“The evidence and statements documented in this affidavit confirm many instances of extremely reckless acts or reckless negligence by Baldwin over a 10-day period,” the statement said.
“Evidence clearly shows that none of the incidents or issues were addressed by Baldwin, in his position as an actor or producer, to correct future instances of recklessness, reckless behavior or training deficiencies.
“Baldwin’s deviation from known norms, practice and protocol directly caused Hutchins’ fatal death.”
Both Baldwin and Gutierrez-Reed will be charged “alternatively” on the two manslaughter charges, meaning a jury would decide not only if they were guilty, but under what definition of involuntary manslaughter they were guilty, the prosecution said earlier. .
The first charge can be termed involuntary manslaughter and requires proof of underlying negligence.
This charge also includes the charge of negligent use of a firearm, which would likely be aggregated under the law.
The second charge is involuntary manslaughter in the commission of a lawful act, which requires proof that more than simple negligence was involved in a death.
Under New Mexico law, both charges are a fourth-degree felony and are punishable by up to 18 months in prison and a $5,000 (£4,000) fine.
The second charge includes a firearms enhancement, or an added mandatory sentence, making the offense punishable by a mandatory five-year prison sentence.