“Rust” assistant director David Halls was convicted Friday of one count of negligent use of a deadly weapon for his role in the accidental shooting death of cinematographer Halyna Hutchins on the set of the low-budget western.
With Halls’ plea, New Mexico prosecutors have secured one conviction in the criminal cases stemming from Alec Baldwin’s Oct. 21, 2021, shooting of Hutchins on the movie set near Santa Fe, N.M. The film’s director, Joel Souza, was wounded.
Friday’s virtual court hearing marked the first appearance by the new special prosecutor in the case. Kari T. Morrissey, an Albuquerque litigator who stepped into the sprawling criminal proceedings on Wednesday, replaced 1st Judicial District Attorney Mary Carmack-Altwies.
In late January, Carmack-Altwies brought criminal charges against Halls, Baldwin and armorer Hannah Gutierrez Reed. The latter two have been charged with two counts of involuntary manslaughter and have entered not-guilty pleas.
Soon after the fatal shooting, Halls’ Albuquerque-based attorney, Lisa Torraco, began negotiations with prosecutors in hopes of a light sentence for her client. Torraco has maintained that despite Halls’ role as on-set safety coordinator, he was not responsible for the actions of others.
During Friday’s hearing, Torraco told the judge that Halls is still haunted by the shooting. He was standing just three feet from Hutchins and Souza when they were shot.
“He, like many others, is extremely traumatized and just rattled with guilt and so many other feelings of: What could I have done better? How could I have changed things?” Torraco told the judge.
Halls, who appeared on video, told Judge Mary Marlowe Sommer that he agreed to plead no contest to the misdemeanor charge.
The 63-year-old film industry veteran, who has since retired, received a suspended six-month sentence of unsupervised probation.
Halls also agreed to pay a $500 fine, participate in a firearms safety class, refrain from taking drugs or alcohol and complete 24 hours of community service. If he fails to complete the sentence, prosecutors can resume the criminal case against him, Sommer said.
The judge said Halls was not permitted to have contact with Baldwin, Gutierrez Reed or any witnesses in the case.
As part of the plea deal, Halls must testify truthfully should he be called as a witness for the prosecution or the defense.
Morrissey summarized New Mexico’s case against Halls, noting that he was the “Rust” safety coordinator and there had been two accidental gun discharges the weekend before Hutchins was fatally shot.
There also were labor tensions. The film’s “camera crew had walked off the set the day before [the tragedy] due to safety concerns, among other issues,” Morrissey said.
Camera crew members had previously told The Times they felt producers were cutting corners in a rush to film the low-budget western in 21 days. The “Rust” producers have denied any wrongdoing.
In a resignation email to production managers the night before the fatal shooting, one camera crew member wrote he felt “anxious on set.”
“I’ve seen first hand our AD [Halls] rush to get shots and he skips over important protocols,” Jonas Huerta, the digital utility technician, wrote in the Oct. 20, 2021, email, which was viewed by The Times. “Sometimes he rushes so quickly that [a] props [department member] hasn’t even had the chance to bring earplugs and he rolls and the actors fire anyway.”
After lunch the following day, Baldwin, Hutchins, Souza, Halls and others gathered for a rehearsal in the old wooden church at Bonanza Creek Ranch, a popular movie location south of Santa Fe. Hutchins wanted Baldwin to practice a “cross-draw” maneuver. The Hollywood actor pulled the .Colt 45 out of his holster, then pointed it at the camera.
Minutes before, Gutierrez Reed, the weapons handler, had brought the gun into the church. She handed it to Halls, telling him it was loaded with so-called “dummy rounds,” Morrissey said.
“Now the protocol at this point in time is for Mr. Halls to check and confirm,” Morrissey said. “He’s kind of the last line of defense.”
Halls has conceded that he did not recheck the bullets in the gun’s chamber.
“He then handed the gun to Mr. Baldwin,” Morrissey said.
Baldwin has said he cocked the hammer but that he didn’t pull the trigger. The gun fired, discharging a bullet that traveled through Hutchins’ chest. The bullet lodged in Souza’s shoulder.
Halls’ attorney Torraco told the judge that Halls was grappling with “survivor’s guilt.”
“Never in anyone’s wildest dreams … would anyone think there could possibly be a live round in the firearm,” Torraco said, noting that Halls agreed to plead no contest “so that he can get this [criminal case] over with” for his sake and to spare Hutchins’ family from a protracted criminal proceeding.
“The one way that he can do that, and not make this any more painful than it absolutely has to be, is to come in early, to address it with the court and to close his case,” Torraco said.
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