Alec Baldwin is set to be charged with two counts of involuntary manslaughter in connection to the on-set death of Halyna Hutchins, the Santa Fe District Attorney has said.
New Mexico First Judicial District Attorney Mary Carmack-Altwies said on Thursday that Rust armourer Hannah Gutierrez-Reed will also face two charges of involuntary manslaughter.
What is involuntary manslaughter?
The Santa Fe DA said that Mr Baldwin and Ms Gutierrez-Reed will be “charged in the alternative” with two counts of manslaughter.
This means that a “jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty,” the DA said in a statement.
For the first charge of involuntary manslaughter to be proved “there must be underlying negligence”.
The DA added that it also “includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law”.
The second charge cited by the DA is “involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death”.
Ms Carmack-Altwies said the second charge also includes a “firearm enhancement, or added mandatory penalty, because a firearm was involved”.
According to the New Mexico Legal Group, an Albuquerque law firm, involuntary manslaughter “is the unintentional killing of a person while committing a misdemeanor criminal offense”.
The firm’s website states that “involuntary manslaughter can also occur if a person is engaging in a lawful act but unintentionally kills someone by being negligent or not exercising due care”.
What’s the expected sentence?
The DA said in her statement that “under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine”.
The charge of involuntary manslaughter in the commission of a lawful act “is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine,” the DA said.
“The firearm enhancement makes the crime punishable by a mandatory five years in jail,” the statement said.
