On October 21, 2021, tragedy struck the set of Rust in New Mexico when Alec Baldwin discharged a prop firearm containing a live round, killing the film’s director of photography, Halyana Hutchins, and wounding director Joel Souza.
Following the incident, Baldwin and armorer Hannah Gutierrez-Reed pleaded not guilty to the charges.
The shooting occurred during a scene rehearsal where Baldwing was cross-drawing his weapon and pointing it at the camera. According to the warrant, Souza was looking over Hutchin’s shoulder “when he heard what sounded like a whip followed by a loud pop”.
In light of a new investigation into the shooting and a trial, let us examine Alec Baldwin’s accidental shooting timeline. This timeline will be presented using TrialLine, a legal timeline software, to visually depict the incident’s progression.
Who Was Halyana Hutchins?
Filmmakers described Halyana Hutchins as a talented cinematographer with an artistic vision who was deeply dedicated to her craft.
She grew up on a Soviet military base in the Arctic Circle and initially studied economics in Ukraine before transitioning to a journalism program at Kyiv National University. She later attended the American Film Institute Conservatory in Los Angeles.
Emilia Mendieta, a friend and fellow cinematographer, recalled Hutchin’s excitement about filming a western. She recounted a phone call shortly before Rust began production, in which Hutchin’s enthused that the movie, “has horses and gunfights, and we’re shooting out in the desert”, describing it as a “huge stepping stone” in her career.
Halyana was one of the 8 eight female cinematographers who participated in the Fox DP Lab Program, a partnership between 21st Century Fox and the American Film Institute. She worked on many films throughout her career including Darlin’ (2019), Blindfire (2020), and The Mad Hatter (2020) independent superhero film Archenemy.
After she died in 2021, a rep for the American Film Institute tweeted, “As is profoundly true in the art of cinematography, words alone cannot capture the loss of one so dear to the AFI community. At AFI, we pledge to see that Halyana Hutchins will live on in the spirit of all who thrive to see their dreams realized in stories well told.”
The Timeline
October 21, 2021: A tragic incident occurs
The cast and crew arrive at the Bonanza Creek Ranch near Santa Fe. Filming was delayed because the camera crew had quit over issues related to payment and housing. Due to staffing issues, only one camera was available for filming.
The movie’s assistant director, Dave Halls, picked up one of the prop guns laid out by Hanna Gutierrez-Reed, the production’s armorer, and handed it to Baldwin inside a church set. Halls then shouted “cold gun,” indicating that the prop did not contain any live rounds.
Baldwin and Hutchins were rehearsing a scene where cross-draws his weapon and points it at the camera. Souza was looking over Hutchins’ shoulders when he heard what sounded like a whip followed by a loud pop.
Hutchins was airlifted to the University of New Mexico Hospital, where she was pronounced dead. Souza was taken by ambulance to Christus St. Vincent Regional Medical Center and was released shortly after.
October 22, 2021: Hollywood calls for ban on live guns on film sets
Family members of Brandon Lee, Bruce Lee’s son, who died on the set of The Crow in 1993 after being fatally wounded by a prop gun, were among the first to speak out against having guns on set.
Many industry professionals followed suit, calling for the removal of real guns from sets. ABC’s The Rookie announced it would no longer use quarter or half loads. California Senator Dave Cortese announced plans to introduce legislation banning live ammunition and firearms from sets and theatrical productions in the state.
While some supported banning weapons on sets, others argued the new regulations could be an overreaction to a tragic incident. A group of armorers and weapons masters, led by Gary Truers, released a statement claiming they were “aware of numerous violations… that occurred on this production.” They believed the Rust tragedy was due to incompetence, not the weapons themselves.
A few weeks later, a group of cinematographers responded with a letter calling for the ban of guns on sets, vowing they would no longer “knowingly work on projects using functional firearms for filming purposes.” The letter continued, “We won’t back down and wait for the industry to change. We have a duty to effect changes within the industry ourselves.”
October 25, 2021: Rust shuts down production
Four days following Hutchins’ tragic shooting, the producers of Rust issued a letter to the crew announcing a pause in production for the foreseeable future, though they did not dismiss the possibility of resuming later. “As we go through this crisis, we have made the decision to wrap up the set at least until investigations are complete,” they stated. The letter expressed their grief over Hutchins’ loss and mentioned that Souza was in the process of recovering.
October 25-26, 2021: Crewmembers raise concerns suggesting an inexperienced producing team may be responsible
Shortly after the shooting, Halls, the assistant director who handed Baldwin the prop gun and declared it “cold”, had been dismissed from a prior indie film due to another prop gun discharge. A producer from Freedom’s Path revealed that during production in 2019, “a crew member incurred a minor and temporary injury when a gun discharged.” Following the incident, Halls “was removed from the set.”
Several Rust crew members expressed their frustration with the producers of The Hollywood Reporter. “What’s most shocking here is that there wasn’t a real producer to be found on this film, ” a veteran producer stated. “When you’re a producer, you’ve gotta vet anyone you haven’t worked with before and pounce when there’s a problem.” They pointed out a red flag where a prior complaint about an accident weapons discharge went unaddressed before the fatal shooting. Additionally, several crew members walked off the set due to unsafe conditions, and Gutierrez-Reed, the film’s armorer, had only one other credit to her name.
October 27, 2021: Three guns and 500 rounds of ammunition were recovered from the set
Early in the investigation, Sante Fe County Sheriff Adam Mendoza announced the recovery of three guns and 500 rounds of ammunition from the Western’s set, including “a mix of blanks, dummy roads, and what we are suspecting [are] live rounds.
At the same news conference, District Attorney Mary Carmack-Altwies mentioned the potential for criminal charges.”If the facts and evidence and law charges, then I will initiate prosecution at that time,” Carmack-Altwies said. “I do not make rash decisions and cannot rush to judgment.”
November 8, 2021: Alec Baldwin urges Hollywood to hire police officers for film sets
On November 8, 2021, Baldwin took to social media to advocate for every film set to have a police officer hired by production, to oversee weapon safety. This call came a few months after activists had renewed demands for studios to stop hiring police in the wake of George Floyd’s killing.
The actor and Rust producer had previously expressed his “shock and sadness” over the tragedy on his social media platforms, assuring followers of his cooperation with the investigation. He also reposted a statement from the film’s costume designer, Terese Magpale Davis, who refuted reports of unsafe working conditions on the set. A month later, more cast and crew members addressed the “public narrative” about the set’s unsafe environment, disputing claims that it was “chaotic” and “dangerous”.
November 18, 2021: Rust script supervisor Mamie Mitchell sues Baldwin and Producers
Mamje Mitchell filed a lawsuit against Baldwin and the other producers following the fatal shooting. In her complaint, she claimed she was injured by the gun when it fired and accused them of assault, intentional infliction of emotional distress, and deliberate infliction of harm. Notably, Mitchell asserted that the script did not call for any gun to be discharged and held Baldwin responsible for not checking the weapon.
“He had no right to rely upon some alleged statement by the assistant director that it was ‘cold gun’, ” the complaint stated. “Mr. Baldwin cannot hide behind the assistant director to attempt to excuse the fact that he did not check the gun himself.”
(On January 25, 2022, Baldwin and the Rust producers sought to dismiss the lawsuit, claiming immunity and arguing that Mitchell should seek workers’ compensation in New Mexico instead of filing a civil suit in California.)
November 30, 2021: How a live ammo may have ended up on set
A search warrant affidavit filed for a prop shop provided the sheriff’s department with insights into how live ammunition might have ended up on the set. According to the affidavit, a detective noted that the film’s ammunition was purchased from Seth Kenney of PDQ Arm & Prop, LLC. In an interview, Thell Reed, Gutierrez-Reed’s father and veteran armorer, informed the detective that he had recently worked with Kenney on another project that required live ammunition.
The affidavit stated that Thell told the detective that after that project concluded, Kenney took possession of the can of live ammo, suggesting the ammunition from the previous production could match what was found on the Rust set. Kenney later denied that the live rounds on the set came from his company.
(On January 12, 2022, Gutierrez-Reed filed a lawsuit against Kenney, accusing him of supplying “boxes of ammunition purporting to contain dummy rounds but which contained a mix of dummy and live ammunition.”)
December 1, 2021: Baldwin gives his first sit-down interview since the shooting
In his first interview, an emotional Baldwin recounted the events of the tragic day, tearing up as he remembered Hutchins. “The gun wasn’t meant to be fired,” he said of rehearsing with the DP. I was holding the gun where I was told, which was right below her armpit.” When she instructed him to begin cocking the hammer for a shot, he compiled without fully cocking the gun itself. He said he let go of the hammer “and bang, the gun goes off.”
Baldwin continued, “Everyone was shocked. … The gun was supposed to be empty. I was told I was handed an empty gun. She goes down, I thought to myself, ‘did’ she faint?’” The actor and producer went on to say that he expected Hutchins’ husband to file a lawsuit over his wife’s death and expressed that he can’t feel responsible because if he did it, “he might have killed himself.” A few days later, Baldwin deleted one of his Twitter accounts and made his first public appearance at an awards gala in New York City.
January 14, 2022: Baldwin hands over his phone to authorities
Throughout the investigation, Baldwin has maintained that he has cooperated fully, despite any reports to the contrary. He handed over his phone to Santa Fe authorities on January 14, 2022, nearly a month after it was requested. The sheriff’s office had been informed that the district attorney’s office was negotiating with Baldwin’s lawyer, Aaron Dyer, to “obtain consent to retrieve” the phone and its contents and communications.
“We requested that the authorities obtain a warrant so that we could protect his privacy regarding matters unrelated to Rust and have been working through that process,” Dyer said.
February 9, 2022: Baldwin returns to the set following the shooting
Three and a half months after the tragedy on the Rust set, Baldwin returned to work for the first time. In a four-minute video, the actor described his experience of being back on set as “strange”.
Baldwin further explained that he hadn’t been on a set since October 21, 20221, and experience he still found challenging to discuss. He added that independent films are often staffed by talented but relatively inexperienced crewmembers who are early in their careers.
February 15, 2022: Halyana Hutchin’s family sues for wrongful death
Nearly four months after the tragic shooting, Hutchin’s family filed a wrongful death lawsuit in New Mexico against Alec Baldwin and “others responsible for the safety of the set and whose reckless behavior” led to her “senseless and tragic death.” Hutchins, who was 42 at the time of her death, is survived by her husband of 16 years, Mathew Hutchins, and their 9-year-old son. The family is suing for negligent, intentional, willful, or reckless misconduct resulting in wrongful death and loss of consortium, seeking both compensatory and punitive damages determined at trial.
Attorney Brian Panish, stated at a press conference, “There are many people culpable,” noting that Baldwin bears a greater share of liability than the person holding the weapon. Other defendants include the producers, armorers, props master, armorer assistant director, and executive producers.
April 20, 2022: There were multiple breaches of safety protocols on set
The New Mexico Environment Department’s Occupational Health and Safety Bureau (OHSB) has been investigating the Rust set since the fatal shooting. The agency concluded its investigation and identified numerous safety protocol violations, including the use of live ammunition and inadequate crew training in firearm handling.
Due to the producers’ “plain indifference” to the safety of the cast and crew, the OHSB issued the highest-level citation and imposed the maximum fine allowed by state law, totaling $136, 793.
The report also found that Rust production disregarded “the hazards associated with firearms by routinely failing to follow their own safety protocols, enforce adherence to these protocols, and ensure that handling deadly weapons received the necessary attention to keep the cast and crew safe.”
October 5, 2022: Hutchins’s family settles wrongful death suit
A year after Hutchin’s death, her family reached a wrongful death settlement with the production. As part of the agreement, shooting was set to resume in January 2023, with her husband, Matthew Hutchins, joining as an executive producer.
“I have no interest in engaging in recrimination or attribution of blame (to the producers or Mr. Baldwin),” Hutchins said in a statement. “All of us believe Halyana’s death was a terrible accident. I am grateful that the producers and the entertainment community come together to pay tribute to Halyana’s final work.”
The settlement stipulated that filming for Rust would proceed with “all the original principal players on board.”
“Throughout this difficult process, everyone has maintained the specific desire to do what is best for Halyana’s son,” said Baldwin’s attorney, Luke Nikas. “We are thankful to everyone who contributed to resolving this tragic and painful situation.
Additional terms of the settlement were not disclosed.
January 19, 2023: Santa Fe prosecutors announce charges against Baldwin and other crew members in Hutchin’s death
Mary Carmack-Altwies, the district attorney for Santa Fe County, announced that Baldwin and Gutierrez-Reed will each face two counts of involuntary manslaughter.
Assistant director David Halls has agreed to plead a deal for the charge of negligent use of a deadly weapon, which includes a suspended sentence and six months of probation. No charges are being brought about Souza’s injury.
“After a thorough review of the evidence and New Mexico state laws, I have determined that there is sufficient evidence to file criminal charges against Alec Baldwin and other members of the Rust film crew,” Carmack-Altwies said in a statement. “On my watch, no one is above the law, and everyone deserves justice.”
April 21, 2023: Manslaughter charges against Baldwin were dropped
The two counts of involuntary manslaughter that Baldwin faced in connection with Hutchin’s death have been dropped. “We are pleased with the decision to dismiss the case against Alec Baldwin, and we encourage a proper investigation into the facts and circumstances of this tragic accident,” said attorneys Luke Nikas and Alex Spiro in a statement. However, prosecutors may refile charges against the actor following their review if they deem it necessary.
April 24, 2023: Baldwin returns to Rust set
Just days after the prosecutors dropped the involuntary manslaughter charges against Baldwin related to Hutchin’s fatal shooting, the actor returned to the film’s set to resume shooting for the first time since the incident. A month later, the film was completed and presented at Cannes, three years after the initial announcement. At that time, producer Ryan Donnell Smith mentioned that he and the team had “realistic expectations” for the film’s sale, given its “unprecedented” nature. As of February 2024, the producers have not yet announced any sales.
June 22, 2023: Rust armorer faces new evidence tampering charge
A few months after the film’s production concluded, armorer Hannah Gutierrez-Reed faced an additional charge of tampering with evidence, following claims that she offered narcotics to evade protection. Special prosecutors allege in a court filing that she “transferred narcotics to another person with the intent to prevent the apprehension, prosecution, or conviction” of herself. This charge emerged after the investigator assigned to the shooting case was removed, which led to concerns that the prosecution might be hiding evidence.
Gutierrez-Reed is scheduled for trial on February 21, 2023. The prosecution’s case is based on the argument that she acted recklessly by loading the gun set and handing it to Baldwin without properly checking the rounds to ensure they were not real.
January 19, 2024: Baldwin is indicted again on involuntary manslaughter charges
A grand jury has indicted Baldwin on involuntary manslaughter charges after a new investigation into the incident. New Mexico prosecutors, who had previously dropped the criminal case to review new evidence indicating the gun might have been modified, are expected to proceed with charges. The five-month investigation led to a forensic expert reporting that Baldwin did pull the trigger when the gun was discharged, a claim Baldwin denies. If convicted, Baldwin could face up to 18 months in prison.
April 15, 2024: Rust armorer sentenced to prison for involuntary manslaughter
In April 2024, Rust armorer Hannah Gutierrez-Reed was sentenced to 18 months in prison for involuntary manslaughter, becoming the first crew member convicted for her role in the accidental death of cinematographer Halyana Hutchins. Gutierrez-Reed had loaded the live round into the gun that Alec Baldwin was holding when it discharged and fatally wounded Hutchins. She received the maximum sentence of involuntary manslaughter in New Mexico and was also fined $5000.
June 21, 2024: Alec Baldwin’s request to dismiss the involuntary manslaughter charge denied
Alec Baldwin and his legal team have been seeking to have the involuntary manslaughter charges against him dismissed ahead of the trial, which was set to begin on July 9, 2024. Their request for dismissal was denied in June 2024, as a New Mexico judge determined that a jury should decide the actor’s fate. Baldwin is accused of recklessly causing the death of Halyana Hutchins and inuring director Joel Souza. The defense argued that the case lacked merit because everyone on set had been informed that the guns contained dummy bullets.
July 12, 2024: Alec Baldwin’s involuntary manslaughter trial dismissed
Just days after Alec Baldwin’s involuntary manslaughter trial commenced in New Mexico on July 9, a judge dismissed the case with prejudice. This decision followed a dramatic and unusual hearing concerning the handling of some bullets by police and prosecutors. Earlier on Friday, the judge had reviewed a bag of ammunition that Baldwin and his attorneys claimed was withheld from them. Before the dismissal, one prosecutor had resigned, and another had taken the witness stand.
Judge Mary Marlowe Sommer stated, “The late discovery of this evidence has impacted the fundamental fairness of the proceedings. There is no way for the court to right this wrong. The sanction of dismissal is the only warranted remedy.
The Case Timeline in a Legal Case Timeline
Public opinion is sharply divided regarding Alec Baldwin’s involvement in the fatal shooting of Halyana Hutchins on the set of Rust. Some believe he should face charges for failing to inspect the prop gun, while others contend that he couldn’t have reasonably known it contained live ammunition. To better understand the incident we have compiled a detailed timeline using TrialLine, a legal timeline.
TrialLine is a powerful case timelines software designed to give legal professionals and law firms a clear advantage. By creating visually compelling, easy-to-understand timelines, users can effectively communicate complex case details. With features that allow for document attachment, note-taking, and collaboration, TrialLine helps build a strong case narrative. Easily share timelines with colleagues, experts, juries, and opposing counsel to streamline the legal process.
Discover the power of TrialLine firsthand with a free trial. Crate case timelines and explore our features through a complimentary demo with our experts.