It will come nearly 16 months after actor Alec Baldwin fired a prop gun loaded with a real bullet, killing cinematographer Halyna Hutchins and injuring director Joel Souza.
There will be no press conference or public appearances by the district attorney’s office, DA Mary Carmack-Altwies said in a Facebook post Wednesday.
“Regardless of the District Attorney’s decision, the announcement will be a solemn occasion, made in a manner keeping with the office’s commitment to upholding the integrity of the judicial process and respecting the victim’s family,” Heather Brewer, spokesperson for the office of the First Judicial District Attorney, said in the same post.
Hutchins died shortly after being wounded by a gunshot during setup for a scene at the ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Souza.
Following the completion of an autopsy and a review of law enforcement reports, New Mexico’s Office of the Medical Investigator determined the shooting was an accident.
The Santa Fe County Sheriff’s Office released its full report late last year. While many details were redacted, the report indicated there had been other issues with weapons on the set of “Rust.” According to a camera crew member, there had been two accidental weapon discharges and one accidental explosion before the fatal shooting.
Baldwin has described the killing of Hutchins as a “tragic accident.” He has sought to clear his name by suing people involved in handling and supplying the loaded gun that was handed to him on set. Baldwin, also a co-producer on “Rust,” said he was told the gun was safe.
In his lawsuit, Baldwin said that while working on camera angles with Hutchins during rehearsal for a scene, he pointed the gun in her direction and pulled back and released the hammer of the gun, which discharged.
New Mexico’s Occupational Health and Safety Bureau has levied the maximum fine against Rust Movie Productions, based on a scathing narrative of safety failures, including testimony that production managers took limited or no action to address two misfires of blank ammunition on set prior to the fatal shooting.
Rust Movie Productions continues to challenge the basis of a $137,000 fine by regulators who say production managers on the set failed to follow standard industry protocols for firearms safety.
The armorer who oversaw firearms on the set, Hannah Gutierrez Reed, has been the subject of much of the scrutiny in the case, along with an independent ammunition supplier. An attorney for Gutierrez Reed has said the armorer did not put a live round in the gun that killed Hutchins, and believes she was the victim of sabotage. Authorities said they’ve found no evidence of that.
Investigators initially found 500 rounds of ammunition at the movie set on the outskirts of Santa Fe — a mix of blanks, dummy rounds and what appeared to be live rounds. Industry experts have said live rounds should never be on set.
In April 2022, the Santa Fe Sheriff’s Department released a trove of files including lapel camera video of the mortally wounded Hutchins slipping in and out of consciousness as an evacuation helicopter arrived. Witness interrogations, email threads, text conversations, inventories of ammunition and hundreds of photographs rounded out that collection of evidence.
State workplace safety regulators said that immediate gun-safety concerns were addressed when “Rust” ceased filming, and that a return to filming in New Mexico would be accompanied by new safety inspections.
The family of Hutchins — widower Matthew Hutchins and son Andros — settled a lawsuit against producers under an agreement that aims to restart filming with Matthew’s involvement as executive producer.
“Rust” was beset by disputes from the start in early October 2021. Seven crew members walked off the set just hours before the fatal shooting amid discord over working conditions.
Hutchins’ death has influenced negotiations over safety provisions in film crew union contracts with Hollywood producers and spurred other filmmakers to choose computer-generated imagery of gunfire rather than real weapons with blank ammunition to minimize risks.
The Associated Press contributed to this report.