Alec Baldwin Charged with Death of Movie Crewmember – Three Things You Should Know

Three things you should know 

On January 31, 2023, the District Attorney for Sante Fe County, New Mexico, announced that Alec Baldwin will be charged with involuntary manslaughter for the death of a cinematographer on the set of the movie “Rust” on October 21, 2021.  Two (2) other crewmembers, the film’s armorer, Hannah Gutierrez-Reed, and first assistant director, Dave Halls, were also charged.  The tragic death occurred during a scene wherein Baldwin possessed a gun that discharged a live round on set, killing the film’s cinematographer, Halyna Hutchins.   

The case is sure to attract media attention and will be litigated in the Courts for the foreseeable future.  For now, let’s look at three (3) things you should be aware of, from the perspective of a criminal defense attorney. 

You can be charged with a crime even if it was an accident 

It is important to note that the prosecutor is not alleging Baldwin intended to kill Hutchins.  That captures the distinction between Murder and Manslaughter.  While Manslaughter can take different forms in different jurisdictions, it is generally defined as homicide with less culpability than Murder.  Here, the prosecutor is alleging that Baldwin negligently caused the death of Hutchins by failing to properly inspect the firearm before pointing it in her direction.  There is some dispute regarding the actual discharge of the weapon, with Baldwin claiming he did not pull the trigger and law enforcement assessing the discharge as being impossible without doing so.   

Regardless, it is important to note that not all crimes require “purposeful” conduct; meaning that the defendant intended the result of his or her conduct.  It is possible to be charged with a crime if the prosecutor alleges your conduct was reckless or negligent, in New Jersey.  Reckless conduct is action wherein the defendant ignores a risk and Negligent conduct is action wherein the defendant should have known their conduct carried a risk.  Some crimes of this nature, such as Manslaughter, carry significant sentences after conviction. 

It’s a bad idea to go to the media when you are being investigated 

For some unknown reason, Baldwin gave a taped interview to ABC News less than two (2) months after the incident.  This was likely a really bad idea.  I have many clients ask me if it will help their case by speaking to the press.  My advice is always the same:  absolutely not.  There are several reasons I give this advice.  First, we lose control of the narrative.  A news organization has no obligation to simply regurgitate your interview.  The press can selectively include portions of your statement and can also add independent information that may contradict the message you intend to send.  Remember – the press gets to write the story they want to write.  This may not be the story you want.  Second, anything you say to a news organization can be used against you in Court.  This may eliminate certain defenses your attorney wants to explore or utilize.  Finally, it almost never helps to speak to the press.  I have yet to see a case wherein the police or prosecutor changed their minds (in a defendant’s favor) following media coverage.  However, media coverage has the potential to impact a prosecutor’s decision in that a dismissal or less punitive resolution in a case may come under additional scrutiny due to the publicity.   

Talking to the police is usually a really, really bad idea, too. 

Equally puzzling, Baldwin waived his Fifth Amendment Privilege and provided a full taped statement to law enforcement.  Most innocent people believe that telling their side of the story to the police will avoid charges.  I have a stack of files on my desk that would suggest otherwise.  The benefits of asserting your Fifth Amendment Privilege have been articulated by others much better than me (my favorite being Law Professor James Duane’s viral talk). 

To make it simple, look at it this way:  Alec Baldwin waived his rights and spoke to the police.  How did that help him? 

The short answer – it did not help him at all.  He is still charged with Manslaughter.  Now the prosecutors have a likely admissible statement from him wherein he is admitting facts that they would otherwise have to prove beyond a reasonable doubt.  The risks of speaking to the police almost always outweigh any speculative reward.   

Also, if you watch the Baldwin’s statement, pay close attention to the detectives.  When the police question a suspect in real life, it is hardly ever the way an interrogation is portrayed in the movies or television.  Police don’t scream and yell or have a cigar hanging out of their mouth.  They are polite.  Professional.  They likely will not hint that you are at risk of criminal charges.  They will present as friendly and helpful.  Baldwin immediately asks if he is being charged with a crime when they read him Miranda rights.  Their response: “No” and “Its just a formality.” 

Their only goal is to obtain information they can use in Court. 

The only sure way to avoid giving police that information?  Don’t talk.  

Don’t do this alone 

This case represents a good example wherein even famous, wealthy individuals can be charged with a crime after making some mistakes that good legal advice may avoid.  If you are being investigated or charged, you don’t have to go through this alone.  Call an experienced criminal defense attorney immediately.