After more than a year of investigating, prosecutors in New Mexico are set to charge actor Alec Baldwin with two counts of involuntary manslaughter after he discharged a gun that left a cinematographer dead on a movie set.

The incident happened in Santa Fe in 2021 on the set of the film Rust. Halyna Hutchins died shortly after Baldwin aimed in her direction during filming and let off a single shot. Director Joel Souza was also injured in the shooting.

"This decision distorts Halyna Hutchins’ tragic death and represents a terrible miscarriage of justice. Mr. Baldwin had no reason to believe there was a live bullet in the gun — or anywhere on the movie set. He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win," Baldwin's attorney Luke Nikas of Quinn Emanuel Urquhart & Sullivan told Cheddar News.

Hannah Gutierrez-Reed, the film's armorer, will also be charged with two counts of involuntary manslaughter. David Halls, the assistant director, is set to plead guilty for negligent use of a deadly weapon.

All charges are expected to be filed by the end of January.

"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," Andrea Reeb, special prosecutor, said in a statement.

Baldwin has since called the incident a "tragic accident" and took legal steps to clear his name by suing those responsible for handling and supplying the gun. 

"Someone put a live bullet in a gun, a bullet that wasn't even supposed to be on the property," Baldwin said in an interview with ABC. "Someone is responsible for what happened, and I can't say who that is, but I know it's not me."

Brian J. Panish, an attorney for the Hutchins family, released a statement and said they were satisfied with the investigation and agreed that charges should be filed.

"Our independent investigation also supports that charges are warranted. It is a comfort to the family that, in New Mexico, no one is above the law. We support the charges, will fully cooperate with this prosecution, and fervently hope the justice system works to protect the public and hold accountable those who break the law," he said. 

Meanwhile, Jason Bowles, an attorney for Gutierrez-Reed, told Cheddar News that the impending charges "are the result of a very flawed investigation, and an inaccurate understanding of the full facts."

"We intend to bring the full truth to light and believe Hannah will be exonerated of wrongdoing by a jury," he said.

The Office of the Medical Investigator in New Mexico confirmed that shooting was an accident, but a police report conducted by Santa Fe County Sheriff Adan Mendoza did not conclude how live rounds made their way to an active film set.

If convicted of the fourth-degree felony involuntary manslaughter, Baldwin and Gutierrez-Reed could face up to an 18-month prison sentence and a $5,000 fine. However, a potential second charge of involuntary manslaughter n the commission of a lawful act, could add five years in prison.

Updated January 19, 2023 at 4:19 p.m. ET with statement from Jason Bowles, attorney for Hannah Gutierrez-Reed.

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