Alec Baldwin 'Rust' shooting trial: Witnesses recall incident on movie set
SANTA FE, N.M. - Opening statements in Alec Baldwin’s involuntary manslaughter trial started Wednesday, as the trial delved into the fatal shooting of a cinematographer Halyna Hutchins nearly three years ago on a movie set in New Mexico.
Hutchins’ death while filming a low-budget Western movie on a remote ranch sent shock waves through the film industry and led to one felony charge against Baldwin that could result in up to 18 months in prison.
Baldwin's wife Hilaria Baldwin, younger brother Stephen Baldwin and older sister Elizabeth Keuchler — who wiped away tears at times — were among the family and friends sitting behind him during the trial.
Sixteen jurors — 11 women and five men — were selected on Tuesday. Four of the jurors will be deemed alternates.
The first day of Baldwin's trial ended and here's a recap of what was said.
5 p.m. ET: Baldwin attorney questions a second deputy
Alec Baldwin's attorney, Alex Spiro tried to establish that neither Nicholas LeFleur, then a Santa Fe county sheriff’s deputy, nor the trial's second witness, former sheriff's Lt. Tim Benavidez, treated the scene as a place where a major crime had occurred, the Associated Press reported.
Benavidez, who collected the revolver after the shooting, said that he was careful with it as much for safety reasons as anything else, but did not wear gloves or take meticulous forensic precautions as he might be done for a homicide investigation.
3 p.m. ET: Deputy questioned about actions taken during the incident
Video from the body cam of Nicholas LeFleur, then a Santa Fe county sheriff’s deputy, was played in court Wednesday afternoon.
A portion of the video captures LeFleur telling Baldwin not to speak to the other potential witnesses, but Baldwin repeatedly does, the Associated Press reported.
When special prosecutor Kari Morrissey asked whether the sheriff’s deputy handled the situation ideally he responded, "Probably not. But it’s what happened."
Baldwin's lawyer Alex Spiro Spiro pressed LeFleur on why he left the word "accidental" out of his description of the shooting call during his questioning by the prosecution. LeFleur said it was not intentional.
1:30 p.m. ET: Prosecutor details events leading up to Halyna Hutchins death
Special prosecutor Erlinda Ocampo Johnson emphasized in her opening that the set was a workplace, where innocent people had the expectation of safety that Baldwin and others denied them.
"The evidence will show that like in many workplaces, there are people who act in a reckless manner and place other people in danger," Johnson said. "That, you will hear, is the defendant."
According to the AP, Johnson walked the jurors through the events leading up to Halyna Hutchins' death. Johnson said on that day, Baldwin declined multiple opportunities for standard safety checks with armorer Hannah Gutierrez-Reed before the rehearsal in the small church about 20 miles (32 kilometers) from the courthouse where Hutchins, "a vibrant 42-year-old rising star," was killed. She said Baldwin instead "did his own thing."
12:30 p.m. ET: Law enforcement officer takes the stand
The first witness to take the stand was the first law enforcement officer to arrive at Bonanza Creek Ranch on the day of the shooting.
According to the Associated Press, video footage shown in the courtroom from the body camera of Nicholas LeFleur, then a Santa Fe county sheriff’s deputy, captured the frantic efforts to save Hutchins.
He described a chaotic scene with more than 100 people present, and said he summoned an emergency helicopter because "we were quite a ways out for an ambulance."
LeFleur's subdued manner stood in contrast to the drama of his lapel video, which showed Hutchins, who looked unconscious as several people attended to her and gave her an oxygen mask. In the courtroom, Baldwin looked at the screen somberly as it played, the AP noted.
12 p.m. ET: Defense attorney argues Baldwin ‘committed no crime’
A defense attorney told jurors that the death of Halyna Hutchins was an "unspeakable tragedy" but that "Alec Baldwin committed no crime; he was an actor, acting."
Alec Baldwin's lawyer Alex Spiro said in his opening statement that Baldwin did exactly what actors always do, the Associated Press reported.
"I don’t have to tell you anymore about this, because you’ve all seen gunfights in movies," Spiro said.
During the presentation, Baldwin trained his eyes downward on a notepad, away from the jury. He watched Spiro intently during his opening. His wife Hilaria Baldwin and his brother, actor Stephen Baldwin, were among the family and friends sitting behind him.
11:30 a.m. ET: Prosecutor says Alec Baldwin ‘violated rules of firearm safety’
A prosecutor told jurors that Alec Baldwin "violated the cardinal rules of firearm safety" in opening statements Wednesday at his trial for involuntary manslaughter, the Associated Press reported.
"The evidence will show that someone who played make believe with a real gun and violated the cardinal rules of firearm safety is the defendant, Alexander Baldwin," special prosecutor Erlinda Ocampo Johnson said.
Ocampo emphasized that the set of the film "Rust," where Hutchins was shot and killed, was a workplace.
"The evidence will show that like in many workplaces, there are people who act in a reckless manner and place other people in danger," Johnson said. "That, you will hear, is the defendant."
11 a.m. ET: Prosecutor walks jurors through events leading up to shooting
Special prosecutor Erlinda Ocampo Johnson walked the jurors through the events leading up to the Oct. 21, 2021, shooting.
Ocampo said on that day, Baldwin declined multiple opportunities for standard safety checks before the rehearsal and instead "did his own thing" with the revolver at the rehearsal where Hutchins was killed.
"He cocks the hammer, points it straight at Miss Hutchins, and fires that gun, sending that live bullet right into Miss Hutchins body," Johnson said.
Johnson is a relative newcomer to the case, appointed in late April by the Santa Fe district attorney’s office, the Associated Press noted.
8 a.m. ET: When does the trial start? How long will it last?
Alec Baldwin’s trial is scheduled to begin at 8:30 a.m. MT (10:30 a.m. ET) on Wednesday.
It's taking place in Santa Fe and is expected to last nine days if things stay on schedule.
‘Rust’ movie shooting
Alec Baldwin 'Rust' shooting bodycam released
Police have released body camera footage from the scene of the "Rust" film set where Alec Baldwin fatally shot Halyna Hutchins while filming a scene for the movie. The shooting is still under investigation and a wrongful death lawsuit has been filed against the production and Baldwin on behalf of Hutchins' family.
A dozen people were inside a movie set church the day Alec Baldwin shot and killed cinematographer Halyna Hutchins and wounded director Joel Souza during a rehearsal for the Western film "Rust." It happened Oct. 21, 2021.
The crew was rehearsing in the small church on the movie set at Bonanza Creek Ranch in New Mexico.
Baldwin, the lead actor and co-producer of the film, has claimed the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware that it was loaded with a live round, he said he pulled back the hammer — not the trigger — and it fired.
A judge has ruled his role as co-producer of the film is not relevant to the trial, a significant victory for the defense.
RELATED: Rust movie shooting: Jury convicts movie armorer of involuntary manslaughter
Alec Baldwin trial
Alec Baldwin’s trial, which is taking place in Santa Fe, began the week of July 9 with jury selection. It’s expected to last nine days, with opening statements on Wednesday, July 10, and closing statements Friday, July 19, if things stay on schedule.
Baldwin is charged with felony involuntary manslaughter, and prosecutors have two alternative standards for proving the charge:
- Baldwin carried out negligent use of a firearm.
- Baldwin acted with total disregard of indifference to the safety of others.
The 12 jurors will have to reach just one verdict — guilty or not guilty — on a single count.
US actor Alec Baldwin exits the courthouse after appearing during a pretrial hearing ahead of his trial for involuntary manslaughter in Santa Fe, New Mexico, on July 8, 2024. (Photo by FREDERIC J. BROWN/AFP via Getty Images)
Two major themes are likely to emerge through questioning: the chaotic atmosphere of the movie set, and the details of the Italian-made classic revolver that Baldwin pointed at Hutchins.
The trial will be streamed and broadcast by several outlets, including LiveNOW from FOX. Here’s how to watch.
Viewer discretion is advised, as the judge ruled graphic images from Hutchins' autopsy and from police lapel cameras during the treatment of her injuries could be shown.
RELATED: Where to watch LiveNOW from FOX
Is Alec Baldwin in jail?
No, Alec Baldwin has not been in jail while awaiting trial.
Baldwin remained free pending trial under conditions that include not possessing firearms, consuming alcohol or leaving the country. Baldwin can have limited contact with witnesses when it comes to promoting "Rust," which has not been released for public viewing. Baldwin is prohibited from asking members of the "Rust" cast or crew to participate in a related documentary film.
Will Alec Baldwin go to jail?
Baldwin, 66, could get up to 18 months in prison if jurors unanimously decide he committed the felony.
RELATED: 'Rust' movie medic awarded $1.15 million partial settlement
Judge Mary Marlowe Sommer
Judge Mary Marlowe Sommer is presiding over Alec Baldwin’s trial.
She also presided over the trial of Hannah Gutierrez-Reed, who was working as an armorer on "Rust" when the deadly shooting happened. Gutierrez-Reed was convicted of involuntary manslaughter and sentenced to 18 months, the same charge and sentencing Baldwin faces.
When sentencing Gutierrez-Reed in April, the judge told the defendant that anything less than the maximum sentence would not be appropriate, citing what she called recklessness.
If Gutierrez-Reed's trial is any indication, Marlowe Sommer will keep the attorneys on track and on schedule in what will be a high-profile proceeding.
Megan Ziegler and The Associated Press contributed to this report.