Alec Baldwin will be prosecuted over the 2021 Rust movie shooting which resulted in the death of cinematographer Halyna Hutchins.
Both Baldwin and the film’s armorer Hannah Gutierrez-Reed will be charged with involuntary manslaughter over the death of Ms Hutchins on the film’s Santa Fe set.
In a statement, District Attorney Mary Carmack-Altwies said: “After a thorough review of the evidence and the laws of the state of New Mexico, I have determined that there is sufficient evidence to file criminal charges against Alec Baldwin and other members of the Rust film crew.
“On my watch, no one is above the law, and everyone deserves justice.”
It comes less than three months after the District Attorney’s office received the final report from the police into the incident which led to the death of Ms Hutchins after a prop gun held by Baldwin was discharged.
Rust director Joel Souza was also wounded in the shooting on the Bonanza Creek Ranch set near Santa Fe, Arizona.
Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon.
No charges will be filed over the non-fatal shooting of Souza.
Baldwin and Gutierrez-Reed will be “charged in the alternative” with the two counts of manslaughter, meaning that a jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty, the DA’s office said.
The first charge can be referred to as involuntary manslaughter and requires proof of underlying negligence.
This charge also includes the misdemeanour charge of negligent use of a firearm, which would likely merge as a matter of law.
The second charge is involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved in a death.
Under New Mexico law, both charges are a fourth-degree felony and are punishable by up to 18 months in jail and a $5,000 (€4,627) fine.
The second charge includes a firearm enhancement, or added mandatory penalty, which makes the crime punishable by a mandatory five years in jail.
“If any one of these three people, Alec Baldwin, Hannah Gutierrez-Reed or David Halls, had done their job, Halyna Hutchins would be alive today. It’s that simple,” said special prosecutor Andrea Reeb.
“The evidence clearly shows a pattern of criminal disregard for safety on the Rust film set.
“In New Mexico, there is no room for film sets that don’t take our state’s commitment to gun safety and public safety seriously.”
Ms Carmack-Altwies and Ms Reeb will formally file charges with New Mexico’s First Judicial District Court before the end of the month.
Following the filing of charges, each defendant will be issued a summons with the charging information and will be required to make a first appearance at court shortly after – though this can be done virtually.
