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From CNN interview wirh the DA

New Mexico First Judicial District Attorney Mary Carmack-Altwies told CNN shortly after announcing her intention of charging actor Alec Baldwin and film armorer Hannah Gutierrez Reed with involuntary manslaughter.

She noted that some of those actors were even "A-list" celebrities.

"Every person that handles a gun has a duty to make sure that if they're going to handle that gun, point it at someone and pull the trigger that it is not going to fire a projectile and kill someone," she said.

"An actor does not get a free pass just because they are an actor. That is what is so important. We are saying here in New Mexico, that everyone is equal under the law," she added.

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Surprised. Have so little faith in “the system” anymore I expected him to get a pass.

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author

You think a New Mexico jury won't think he should follow gun safety rules?

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In a sane world yes, but had a feeling it would get derailed/taken care of before it got there.

Glad to see my skepticism ill-placed for once! ;<)

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I got the DA's statement directly from her spokeswoman, so I'm putting below so you can read. It's very confusing on the two different charges, so I've asked her for clarification.

SANTA FE, N.M.—New Mexico First Judicial District Attorney Mary Carmack-Altwies announced on Thursday that, in keeping with her commitment to pursue justice for all victims and to hold everyone accountable under the law, her office before the end of the month will file criminal charges in the “Rust” film set shooting.

“Rust” actor and producer Alec Baldwin and armorer Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter in the death of Halyna Hutchins on the film’s Santa Fe County set in 2021.

Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon. The terms include a suspended sentence and six months of probation. A copy of the plea agreement will be available after it has been filed with the court.

No charges will be filed specific to the non-fatal shooting of “Rust” director Joel Souza.

“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,” Carmack-Altwies said. “On my watch, no one is above the law, and everyone deserves justice.”

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 first charge can be referred to simply as involuntary manslaughter. For this charge to be proved there must be underlying negligence. Under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law.

The other charge is involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death. This is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine. This charge includes a firearm enhancement, or added mandatory penalty because a firearm was involved. The firearm enhancement 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 Andrea Reeb, the special prosecutor appointed by the DA to the case. “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.”

Carmack-Altwies and 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. Shortly after receiving the summons each defendant is required to make a “first appearance,” a procedure that is often referred to in other jurisdictions as an arraignment. That first appearance can be done virtually, and defendants can even move to have their first appearance waived. First appearance dates are set by the court, not by the District Attorney.

Given that the First Judicial District in New Mexico is only impaneling grand juries under certain circumstances due to ongoing COVID restrictions, the next step after first appearance will be a preliminary hearing. In this process, a judge takes on the role of the grand jury. The District Attorney and the special prosecutor present their case to the judge. The judge then rules whether there is probable cause to move forward with a trial. The dates for a preliminary hearing will be set by the court, not by the District Attorney. However, preliminary hearings are typically scheduled within 60 days of charges being filed.

“There is a very clear process for pursuing justice in this case,” Carmack-Altwies said. “We are committed to upholding the integrity of that process to ensure equal justice under the law.”

Once charges are filed, more detailed paperwork will be available online through the court that details the evidence the DA and the special prosecutor cite. An announcement will be made to the public when the charges have formally been filed.

The District Attorney received the final Santa Fe County Sheriff’s report on October 27, 2022, and moved quickly to carefully and thoughtfully review the evidence, allowing the DA to make her decision on charges less than three months after receiving the initiating report.

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Jan 22, 2023·edited Jan 24, 2023

Emily:

Thank you for going back to the DA's office and getting more details that #LYINGnews seldom does, by design. LYINGnews prefers to keep things as complicated as they can in hopes that readers and viewers will keep reading and watching their "news" in hopes of getting more clarification which seldom happens. Thus, #LYINGnews turn people off because they don't understand things that could be explained in simpler terms.

.

A recent example of this INTENTIONAL CONFUSION by #LYINGnews are the Documents found in Brandon's Penn State Office, funded by the Chyneze. And, the Documents found inside his Delaware home and the Documents found in his garage, along with his Corvette. Some documents allegedly go back to his days as a Senator - how the HADES did he get these in his home ?

- When will the DoJ and FBI do a 12 hour RAID on Brandon's homes like they did to Trump ?

- How many TOP SECRET documents have they found and other documents ?

- Why won't #LYINGnews mention that as VEEP, Brandon did not have the legal authority to declassify docs and NOT have them in his possession ?

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Jan 19, 2023Liked by Emily Miller

If my understanding is correct, armorer Hannah Gutierrez-Reed should be declared Not Guilty (either by jury or dropped charges) because she requested more time to do her job but was denied by Baldwin because he didn't want to pay for it and for that reason she was not present during the event.

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I just updated my story with Reed’s lawyer response.

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Jan 19, 2023Liked by Emily Miller

It gives me no joy to say this, but my prediction is he never does a day in jail.

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Agree -- no jail time but likely he gets convicted IMO

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Jan 20, 2023·edited Jan 20, 2023Liked by Emily Miller

One of the most outspoken.... it's okay for me, but not for the, anti-gunners in Hollywood, yet the revolver was his and supposedly the fool cocked the revolver while pulling the trigger and then let the hammer fall....all while not exhibiting any of the 4 safety rules for firearms. Apparently, he WAS shooting live rounds with it that day too. F$^king brilliant. Let's hope his lawyers suck.

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His lawyer Nikas is not criminal defense so I’m assuming he’s staffing up his team for the trial. He’s made so many mistakes by doing all these TV interviews and lying.

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Jan 20, 2023Liked by Emily Miller

Narcissist extraordinaire. He thinks he can get away with anything and blame everyone else.

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Yep and his lawyers couldn’t control him defying the DA and saying he won’t be charged.

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Charging is only one step. He needs to be convicted. Jury trial...gonna need to make sure the jury is not beguiled by either of the lawyers. I would also love some extrajudicial influence to coerce this narcissistic spawn of Satan and Babylon the Harlot to give out a guilty plea. Convicting him of the felony and making sure it can never be expunged would make me happy. As for confinement... confinement to his home for five years works.

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The top charge comes with 5 years mandatory sentence. The second charge is up to 18 months in jail. The jury will decide which one.

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Not sure the jury in this matter will be reliable. At least I have a permanent excuse from jury duty. Psychiatrist wrote me a permanent excuse letter I can use when needed

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These are the details on penalty if convicted and explains the two charges:

She said involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of the negligent use of a firearm, which would likely merge as a matter of law.

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I will simply be happy if he's convicted. 18 months in the hoosegow and 5 grand fine is to me a cake walk. I think just making the bastard cough up the 5 grand would be enough. I doubt he'll do time in the joint...better chance of you and I meeting face to face if you ever come out this way if you ever wanted then for that dunce to be in the slammer

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Jan 19, 2023Liked by Emily Miller

I’m looking for any precedent that I can find in the 1st Judicial District for Santa Fe. Has Santa Fe dealt with this scenario in the past?

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Jan 19, 2023Liked by Emily Miller

I would do a dance in joy, but, we’ll, that wouldn’t be pretty for anyone.

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Jan 19, 2023Liked by Emily Miller

Good to hear. I'm trying to figure out how he got charged with two counts of manslaughter for killing one person.

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It was too convoluted for me to try to explain in the story but this is from the DA:

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 first charge can be referred to simply as involuntary manslaughter. For this charge to be proved there must be underlying negligence. Under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law.

The other charge is involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death. This is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine. This charge includes a firearm enhancement, or added mandatory penalty, because a firearm was involved. The firearm enhancement makes the crime punishable by a mandatory five years in jail.

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Jan 19, 2023Liked by Emily Miller

Ah, so it's two different charges...

But I just looked up the New Mexico statutes and there is only one for involuntary manslaughter -

§30-2-3(B) (a fourth degree felony).

Unless my legal research skills are very rusty. i must be missing something.

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Yes read the comment I added with the full press release which explains the two charges and one is enhanced with a firearm and jury Wil determine which to use and merge them.

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The statute makes no mention of any enhancements and there are no subsections that can be applied. There must be a general paragraph in either their criminal code or criminal procedure that defines enhancements for certain crimes. I'm away for the weekend and it's too tedious to look into that on my phone. If I'm ambitious I'll check it during the week and see what I can find.

When these types of charges are announced I wish the prosecution would cite actual statute numbers for those of us interested. Very often what ends up being reported in the press is very inaccurate (not saying that's the case here).

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I've asked her spokeswoman for clarification on para 8 and 9 and the penalties. I'll update if she explains them. For now, I've pasted her convoluted press release below for you:

SANTA FE, N.M.—New Mexico First Judicial District Attorney Mary Carmack-Altwies announced on Thursday that, in keeping with her commitment to pursue justice for all victims and to hold everyone accountable under the law, her office before the end of the month will file criminal charges in the “Rust” film set shooting.

“Rust” actor and producer Alec Baldwin and armorer Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter in the death of Halyna Hutchins on the film’s Santa Fe County set in 2021.

Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon. The terms include a suspended sentence and six months of probation. A copy of the plea agreement will be available after it has been filed with the court.

No charges will be filed specific to the non-fatal shooting of “Rust” director Joel Souza.

“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,” Carmack-Altwies said. “On my watch, no one is above the law, and everyone deserves justice.”

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 first charge can be referred to simply as involuntary manslaughter. For this charge to be proved there must be underlying negligence. Under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law.

The other charge is involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death. This is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine. This charge includes a firearm enhancement, or added mandatory penalty because a firearm was involved. The firearm enhancement 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 Andrea Reeb, the special prosecutor appointed by the DA to the case. “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.”

Carmack-Altwies and 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. Shortly after receiving the summons each defendant is required to make a “first appearance,” a procedure that is often referred to in other jurisdictions as an arraignment. That first appearance can be done virtually, and defendants can even move to have their first appearance waived. First appearance dates are set by the court, not by the District Attorney.

Given that the First Judicial District in New Mexico is only impaneling grand juries under certain circumstances due to ongoing COVID restrictions, the next step after first appearance will be a preliminary hearing. In this process, a judge takes on the role of the grand jury. The District Attorney and the special prosecutor present their case to the judge. The judge then rules whether there is probable cause to move forward with a trial. The dates for a preliminary hearing will be set by the court, not by the District Attorney. However, preliminary hearings are typically scheduled within 60 days of charges being filed.

“There is a very clear process for pursuing justice in this case,” Carmack-Altwies said. “We are committed to upholding the integrity of that process to ensure equal justice under the law.”

Once charges are filed, more detailed paperwork will be available online through the court that details the evidence the DA and the special prosecutor cite. An announcement will be made to the public when the charges have formally been filed.

The District Attorney received the final Santa Fe County Sheriff’s report on October 27, 2022, and moved quickly to carefully and thoughtfully review the evidence, allowing the DA to make her decision on charges less than three months after receiving the initiating report.

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Jan 21, 2023·edited Jan 21, 2023

What will AB plea bargain to avoid the "firearm enhancement" along with the "Involuntary Manslaughter" when the facts show that it was a firearm that murdered Halyna Hutchins and injured Joel Souza ? AB will pay a HUGE fine to avoid Jail/Prison. I still have a LOT of unanswered questions.

Did "Rust - Director" Souza QUIT on his own OR did Rust "fire" him and then replace him with Matthew Hutchins ? Something is fishy about this as well.

WHO actually loaded the gun with the ammo that day - was it Hannah Gutierrez-Reed ?

BOTTOM LINE:

Whoever pulls the TRIGGER is 99.99% RESPONSIBLE for what happens when they pull the TRIGGER ! It's their #1 responsibility to check the chamber, the cylinder or the mag to see what is INSIDE of it !

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Jan 19, 2023·edited Jan 19, 2023Liked by Emily Miller

What are the levels for murder in N. M. ?

1st Degree - Murder with Premeditation or Intent

2nd Degree - Murder without Premeditation or Intent

3rd Degree - Manslaughter - accidental deaths, negligent actions, or reckless i.e. Vehicle accident

4th Degree - ?? Is there such a thing as 4th Degree ?

What is the Level after Involuntary Manslaughter called ? This is what AB will plea bargain down to.

What is the difference between Murder and Homicide or do they both mean the same thing ?

Emily, can you explain your quote here: "Carmack-Altwies also made a plea deal with “Rust” Assistant Director David Halls for a lesser charge of the negligent use of a deadly weapon. Halls got a suspended sentence and six months of probation."

Halls is the one who KNOWINGLY brought the LIVE ammo on the movie set that he got from Reed's father. If Halls would NOT have brought the LIVE ammo on the movie set, the chances of Haylna Hutchins would still be alive today go up HUGE, unless someone else brought LIVE ammo on the set.

Did Halls get a "plea bargain" in exchange to testify against Reed or Baldwin ? And yes, AB will probably not serve anytime behind bars. Confinement with his wife and daughter from his previous marriage for ten years in his home, is a great start if he requests a plea bargain.

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Jan 20, 2023Liked by Emily Miller

I would recommend Andrew Branca’s videos on this topic on his Law of Self Defense YouTube channel (or his website). He has some excellent content on this and explains how AB’s actions clearly fit the involuntary manslaughter charge under NM law. You’ll have to scroll back a bit, most of them are from the first few months after the incident as new facts were coming out.

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author

I was planning to interview him on this topic. He said yes so just need to plan it. Thank you!

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Jan 21, 2023Liked by Emily Miller

That’s great, can’t wait to see it! I love the way he explains things so precisely, yet in a way you don’t have to be an attorney to understand.

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Every murder is a homicide. But not every homicide is a murder.

You’re welcome

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Your wisdom . . . . is DEEPLY appreciated Sal, more than you'll ever know. How soon is your book you mentioned last year, to be released ?

I speak to a LEO at least three or more times a week. Sunday I spoke to four of them. Monday was two more from the same agency. Many express how tired they are physically, but especially when city, county, state and fed governments don't support them. They are retiring early because they see how job stress is now affecting them, their family's and because they are down in numbers, OT is becoming MANDATORY. New hiring is down, because they can't find QUALIFIED and QUALITY people to join their profession.

Do you have any wisdom I can share with them, and try to encourage them ? Thank you.

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Jan 19, 2023Liked by Emily Miller

Glad to see this development after all this time. I've followed the case closely and it is rock solid from a legal standpoint. I am sure, especially given how long this has taken and how high-profile the case is, that the DA has considered all aspects including how much AB's celebrity factor will weigh into whatever outcome there might be. If this goes to a truly impartial jury that isn't swayed by any of those factors or his ability to get on the stand and act/charm his way out of it, he will (at least, should) certainly be convicted based on the law and the facts of the case. As to sentencing and whether he'll actually do prison time (assuming, of course, that he's convicted), there are a lot of factors that weigh into that. Given that the maximum is reportedly 18 months, a punishment not including prison time seems possible.

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The press released from the DA's office was ridiculously long (especially since she then did interviews) so I didnt include it in the story, but it answers some of your questions so pasting it below:

DA to File Criminal Charges

in ‘Rust’ Shooting

Producer Alec Baldwin & Armorer to Face

Involuntary Manslaughter Charges in Death of Halyna Hutchins

Assistant Director Pleads to Negligent Use of Deadly Weapon

For Immediate Release: January 19, 2023

Contact: Heather Brewer, 505-310-5957, heather@hbstrategiesnm.com

SANTA FE, N.M.—New Mexico First Judicial District Attorney Mary Carmack-Altwies announced on Thursday that, in keeping with her commitment to pursue justice for all victims and to hold everyone accountable under the law, her office before the end of the month will file criminal charges in the “Rust” film-set shooting.

“Rust” actor and producer Alec Baldwin and armorer Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter in the death of Halyna Hutchins on the film’s Santa Fe County set in 2021.

Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon. The terms include a suspended sentence and six months of probation. A copy of the plea agreement will be available after it has been filed with the court.

No charges will be filed specific to the non-fatal shooting of “Rust” director Joel Souza.

“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,” Carmack-Altwies said. “On my watch, no one is above the law, and everyone deserves justice.”

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 first charge can be referred to simply as involuntary manslaughter. For this charge to be proved there must be underlying negligence. Under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law.

The other charge is involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death. This is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine. This charge includes a firearm enhancement, or added mandatory penalty, because a firearm was involved. The firearm enhancement 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 Andrea Reeb, the special prosecutor appointed by the DA to the case. “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.”

Carmack-Altwies and 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. Shortly after receiving the summons each defendant is required to make a “first appearance,” a procedure that is often referred to in other jurisdictions as an arraignment. That first appearance can be done virtually, and defendants can even move to have their first appearance waived. First appearance dates are set by the court, not by the District Attorney.

Given that the First Judicial District in New Mexico is only impaneling grand juries under certain circumstances due to ongoing COVID restrictions, the next step after first appearance will be a preliminary hearing. In this process, a judge takes on the role of the grand jury. The District Attorney and the special prosecutor present their case to the judge. The judge then rules whether there is probable cause to move forward with a trial. The dates for a preliminary hearing will be set by the court, not by the District Attorney. However, preliminary hearings are typically scheduled within 60 days of charges being filed.

“There is a very clear process for pursuing justice in this case,” Carmack-Altwies said. “We are committed to upholding the integrity of that process to ensure equal justice under the law.”

Once charges are filed, more detailed paperwork will be available online through the court that details the evidence the DA and the special prosecutor cite. An announcement will be made to the public when the charges have formally been filed.

The District Attorney received the final Santa Fe County Sheriff’s report on October 27, 2022, and moved quickly to carefully and thoughtfully review the evidence, allowing the DA to make her decision on charges less than three months after receiving the initiating report.

###

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deletedJan 19, 2023Liked by Emily Miller
Comment deleted
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He generally just punches people on the street.

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In what other case does the district attorney announce to the world that criminal charges will be filed against someone?? How about an arrest? How about an arrest warrant? How about they turn themselves in ? The world needs a perp walk. Instead, they will be summoned to court in person or via zoom and be free on bond. Still such a joke by New Mexico officials. 

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author

Such a good point. He’s definitely getting special treatment. The press release said the arraignment will be virtual and can be requested to not happen. No way we get a perp walk. And if he does a plea deal, he likely never has to go back to New Mexico.

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None of this feels like justice. Terribly sad. 

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I bet he pleads in, and like you said, never even goes back to SF. No way he can control himself at a trial. And Nikas knows that. I wonder if the DA will let him plead down to a firearm crime?

Meantime, I've asked the DA's spox to explain to me what are these charges in para 8 and 9 because they are so convoluted. Here's her entire statement to see what their excuses are for him to not be seen or perp walk.

SANTA FE, N.M.—New Mexico First Judicial District Attorney Mary Carmack-Altwies announced on Thursday that, in keeping with her commitment to pursue justice for all victims and to hold everyone accountable under the law, her office before the end of the month will file criminal charges in the “Rust” film set shooting.

“Rust” actor and producer Alec Baldwin and armorer Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter in the death of Halyna Hutchins on the film’s Santa Fe County set in 2021.

Assistant director David Halls has signed a plea agreement for the charge of negligent use of a deadly weapon. The terms include a suspended sentence and six months of probation. A copy of the plea agreement will be available after it has been filed with the court.

No charges will be filed specific to the non-fatal shooting of “Rust” director Joel Souza.

“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,” Carmack-Altwies said. “On my watch, no one is above the law, and everyone deserves justice.”

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 first charge can be referred to simply as involuntary manslaughter. For this charge to be proved there must be underlying negligence. Under New Mexico law, involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in jail and a $5,000 fine. This charge also includes the misdemeanor charge of negligent use of a firearm, which would likely merge as a matter of law.

The other charge is involuntary manslaughter in the commission of a lawful act. This charge requires proof that there was more than simple negligence involved in a death. This is also a fourth-degree felony punishable by up to 18 months in jail and up to a $5000 fine. This charge includes a firearm enhancement, or added mandatory penalty because a firearm was involved. The firearm enhancement 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 Andrea Reeb, the special prosecutor appointed by the DA to the case. “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.”

Carmack-Altwies and 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. Shortly after receiving the summons each defendant is required to make a “first appearance,” a procedure that is often referred to in other jurisdictions as an arraignment. That first appearance can be done virtually, and defendants can even move to have their first appearance waived. First appearance dates are set by the court, not by the District Attorney.

Given that the First Judicial District in New Mexico is only impaneling grand juries under certain circumstances due to ongoing COVID restrictions, the next step after first appearance will be a preliminary hearing. In this process, a judge takes on the role of the grand jury. The District Attorney and the special prosecutor present their case to the judge. The judge then rules whether there is probable cause to move forward with a trial. The dates for a preliminary hearing will be set by the court, not by the District Attorney. However, preliminary hearings are typically scheduled within 60 days of charges being filed.

“There is a very clear process for pursuing justice in this case,” Carmack-Altwies said. “We are committed to upholding the integrity of that process to ensure equal justice under the law.”

Once charges are filed, more detailed paperwork will be available online through the court that details the evidence the DA and the special prosecutor cite. An announcement will be made to the public when the charges have formally been filed.

The District Attorney received the final Santa Fe County Sheriff’s report on October 27, 2022, and moved quickly to carefully and thoughtfully review the evidence, allowing the DA to make her decision on charges less than three months after receiving the initiating report.

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AB is AB's own worst enemy. As they say in the Navy: "Loose lips - SINK ships." A 21 year old in law school would have told AB "KEEP YOUR MOUTH SHUT !"

- How many interviews did AB do AFTER the shooting ?

- Who advised AB to talk to Stephanopoulos ?

- Does AB not know what he said could be used against him in Criminal Court ?

- Will the DA allow AB to plea bargain to something he's not been charged with ?

- Will the person(s) in the Sheriff's Office who told AB that he wasn't going to be charged, be on AB's (BLEEP) list ?

- Will the DA's office investigate this person(s) for telling AB this ?

"Pride goes before destruction, And a haughty spirit before a fall." Proverbs 16:18

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Wouldn’t surprise me if they were some kind of plea deal. Especially since the case was settled civilly with the family and the husband received a title in the film. The DAs office may find it it the interest of justice. Especially after consult with the husband.  just my opinion. Nothing seems normal in this case. 

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Does any of this have to do with the Civil Suit that Matthew Hutchins could have brought if they had not already reached a settlement ?

Will the DA and AB's "Dream Team lawyers" tag-team to go after armorer Hannah Gutierrez-Reed and put 99.99% of the blame on her ?

What is the possibility Hannah loaded the gun with blanks, she gave the gun to someone else, she exited from the church where she couldn't see everything and then someone else unloaded the blanks and put in LIVE rounds, framing her ?

This whole thing has smelled FISHY from the beginning !

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I love hearing story's about how you have overcome what happens to you Emily. Not every author is open, honest and REAL about what has happened to them in their life. I look forward to each new article with anticipation knowing that there will be at least one gold nugget of TRUTH you place in each one. Thank you for expressing your views and opinions which is so RARE in media today and holding firm to these beliefs, regardless of who your Employer is !

Thank you for speaking out on Haylna Hutchins behalf, she's the REAL victim here. I'm probably jaded, but it seems AB is trying to make it look like he's the victim here, not Haylna and her family. Could this incident with AB - be another book in your future ?

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deletedJan 20, 2023Liked by Emily Miller
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That’s interesting. More so he may have to try to get movie star roles as a convicted felon. Doubt he’ll be working much.

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This is the same Hollywood that celebrates Roman Polanski. I don’t think they’ll mind a killer.

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Your insight is so valuable!

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If anyone doesn't recall who Roman is & what he did. . . I had forgot myself and then searched & almost lost my cookies after reading what he did to a 14 year old girl. It seems Hollywierd celebrates criminal behavior BUT mocks righteous behavior.

https://en.wikipedia.org/wiki/Roman_Polanski_sexual_abuse_case

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