Alec Baldwin 'Rust' case: What the armorer's conviction, sentencing could mean for the actor
Two people have been convicted in the fatal shooting on the set of "Rust," as actor Alec Baldwin, the third person charged in connection with the death of cinematographer Halyna Hutchins, awaits trial on involuntary manslaughter.
Baldwin was practicing a cross-draw in a church on the set of the Western film on Oct. 21, 2021, when the Colt .45 revolver fired a live round, fatally striking Hutchins and injuring director Joel Souza.
A jury found the film's armorer, Hannah Gutierrez, guilty of involuntary manslaughter in the fatal shooting and she was sentenced to the maximum penalty for the felony -- 18 months in prison -- on Monday.
"You alone turned a safe weapon into a lethal weapon," Judge Mary Marlowe Sommer said while handing down the sentence. "But for you, Ms. Hutchins would be alive. A husband would have his partner, and a little boy would have his mother."
David Halls, the film's first assistant director who had conducted the safety check on the revolver prior to the shooting, was charged with negligent use of a deadly weapon in connection with the incident. He pleaded no contest to the misdemeanor and was sentenced last year to six months of probation as part of a plea deal.
Baldwin, who was also a producer on the film, was indicted by a grand jury on involuntary manslaughter earlier this year, after prosecutors previously dropped the charge. He has pleaded not guilty and his trial is scheduled to start in July.
Gutierrez's attorney, Jason Bowles, told ABC News following Monday's sentencing that Gutierrez was made a scapegoat in the shooting and that the producers created a "rushed environment" on set. Her attorney said they plan to appeal.
With Gutierrez getting the maximum sentence on the same charge Baldwin faces, the actor would "have to be very nervous," Bowles said.
"He's got very good attorneys, and I know they're working hard on it, but I think he's got to be nervous at this point," Bowles said.
ABC News legal contributor Brian Buckmire said the sentence for Gutierrez sends a "strong message" and is going to be a "very big and scary wakeup call for Alec Baldwin."
"While many experts might say, 'You know what, low-level felony, first-time arrest, you may get probation, you may get somewhat of a slap on the wrist.' No. If Hannah Gutierrez is doing 18 months in prison, there becomes a much more likely reality that if Alec Baldwin is found guilty, he could be suffering from the same amount of jail time depending on how the facts play out," Buckmire said.
Gutierrez was ultimately responsible for the firearms on the set, while Baldwin occupied "both hats" as the actor wielding the gun in the shooting and a producer on the set, Buckmire said.
Prosecutors may argue that he contributed "to this environment of chaos that led to underfunding, people not doing their job properly, and just as he saw with Hannah Gutierrez-Reed, live bullets all over the set," Buckmire said.
ABC News legal contributor Channa Lloyd, managing partner at the Cochran Firm, said the cases are about "systematic failures."
"Anyone that is responsible for those can be held accountable for that systematic failure," Lloyd said. "She obviously as the armorer had the primary duty, but there are others in the chain of command that had some failings here on this set."
When Baldwin's case goes to trial, Lloyd said the defense will likely adjust to the information that has come out of Gutierrez's trial and stress that she was the one responsible for the firearms on set.
"They've seen this trial play out, they understand what the jury took issue with so, they're going to use that to their advantage so that way they can craft his defense," Lloyd said. "They're gonna lean very heavily on the fact that he was not in charge of putting the bullets in the gun, that Hannah Gutierrez was, and they're going to lean into that for his defense."
During Gutierrez's trial, footage of Baldwin from the filming of "Rust" was shown, including a take of the actor firing a gun after "cut" was called. Prosecutor Kari Morrissey addressed his role in the shooting during her closing argument, telling jurors, "Alec Baldwin's conduct and his lack of gun safety inside that church on that day is something that he's going to have to answer for. Not with you and not today."
During Baldwin's trial, prosecutors will likely focus on the producers' responsibilities and safety guidelines and educating jurors on what the standards are, according to Helen D. (Heidi) Reavis, managing partner of Reavis Page Jump LLP, a commercial, media and employment law firm that regularly counsels film and television production companies.
"I think we're going to see the prosecutor focusing a fair amount on what to the public may seem not as dramatic, but, 'Show me all of your fields safety guidelines. Show me the insurance policy you have for the health and safety of your personnel. Show me how each person on the set was oriented to the set, to equipment,'" Reavis told ABC News. "I think you're going to see a very large part of the prosecution showing again and again and again, how little there is."
The defense, meanwhile, will likely try to portray Baldwin as "extremely skilled and seasoned and responsible and a victim" of Gutierrez, she said.
"At the end of the day, the death of Hutchins I think is going to be seen as a really tragic wakeup call for producers around the country, and I really feel that Alec Baldwin is going to be held to a very high standard," she said. "I believe he's preparing for that as well as he can."
ABC News has reached out to Baldwin's attorneys for comment following Gutierrez's sentencing.
Following the indictment on involuntary manslaughter earlier this year, his attorneys said in a statement, "We look forward to our day in court."
His attorneys filed a motion last month to dismiss his charge, accusing prosecutors of "unethical disparagement" of the actor and "violating nearly every rule in the book" to secure a grand jury indictment.
In a response to the motion filed earlier this month, prosecutors claimed Baldwin missed concerns about Gutierrez and "compromised safety" on the set by demanding the crew and armorer work faster.
"The combination of Hannah Gutierrez's negligence and inexperience and Alec Baldwin's complete lack of concern for the safety of those around him would prove deadly for Halyna Hutchins," prosecutors stated.
Judge Marlowe Sommer has yet to rule on the motion to dismiss the charge.
