Examining the limit of involuntary manslaughter after Alec Baldwin shooting charges

Criminal justice has been at the top of many conversations recently here in Michigan. But last week’s decision by a prosecutor in Santa Fe, New Mexico has prompted the entire nation to think about when criminal charges are appropriate in cases of tragic accidents.

In October of 2021, 42-year-old cinematographer Halyna Hutchins was shot and killed on the set of the movie “Rust” when actor Alec Baldwin’s prop gun discharged while practicing a scene. A year later, Ms. Hutchins’ family settled their wrongful-death lawsuit against the film’s producers — including Baldwin — leading some to believe the matter was resolved.

That all changed last week when the local prosecutor announced they would be charging both Baldwin and 25-year-old Hannah Gutierrez-Reed, who loaded the gun that day and was responsible for weapons on the set, with two counts of involuntary manslaughter. If convicted, both Baldwin and Gutierrez-Reed could face maximum sentences of up to five years, depending on the charge.

“I think that [the district attorney] is trying quite simply to send a message out to a larger society.” — Jalila Jefferson-Bullock, Law Professor

Listen: What prosecutors need to show to prove involuntary manslaughter.

Guest

Jalila Jefferson-Bullock is an associate professor at Wayne State University Law School. She says a major question in this case is whether Baldwin acted recklessly in operating the firearm.

“If he thought that everything was fine — that this perhaps he had perhaps not really ammo in the gun, someone had checked it — then perhaps he doesn’t meet that standard,” says Jefferson-Bullock. “That’s the first question. Is he actually criminally responsible?”