“I don’t think this case would’ve been prosecuted if the defendant wasn’t named Alec Baldwin,” Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers tells PEOPLE. “I would not have prosecuted it. They’re trying to throw the book at Baldwin and make an example out of him.”
Rahmani says he disagrees with the charging decision “unless they have evidence that hasn’t yet been publicly reported.”
Alec Baldwin.Mark Sagliocco/Getty Images
On Thursday, New Mexico First Judicial District Attorney Mary Carmack-Altwies announced Baldwin, the 64-year-oldRustactor and producer, along with armorer Hannah Gutierrez-Reed, will each face two separate charges of involuntary manslaughter for the fatal shooting of Hutchins 15 months ago. A news release from the D.A.’s office states that “a jury would decide not simply if they were guilty, but under which definition of involuntary manslaughter they were guilty.”
Rust set.Jae C Hong/AP/Shutterstock
For more on this story, listen below to our daily podcast PEOPLE Every Day.
The second charge Baldwin faces is involuntary manslaughter in the commission of a lawful act. In order for prosecutors to prove this, says Rahmani, they would “need to show that he acted recklessly,” as distinguished from acting negligently.
However, the second charge includes a firearms enhancement that carries a mandatory five-year prison sentence if convicted, according to the release. For Baldwin to be found guilty of this charge, the state would have to prove that he acted recklessly with the gun, says Rahmani, citing the example of playing Russian Roulette.
Halyna Hutchins.Mat Hayward/Getty
Additionally,Rustassistant director David Halls took a plea agreement for his involvement in the deadly incident. He pleaded guilty to a charge of negligent use of a deadly weapon — a move that leads Nahmani to speculate Halls is “likely cooperating [with prosecutors] against Baldwin and Gutierrez-Reed.”
Want to keep up with the latest crime coverage? Sign up forPEOPLE’s free True Crime newsletterfor breaking crime news, ongoing trial coverage and details of intriguing unsolved cases.
Halls was handed down a suspended sentence and six months of probation, per the D.A.’s news release.
Assistant director Halls' attorney Lisa Torracco said in a statement, “Mr. Halls accepted a petty misdemeanor charge. Absent no charges at all, this is the best outcome for Mr. Halls and the case. He can now put this matter behind him and allow the focus of this tragedy to be on the shooting victims and changing the industry so this type of accident will never happen again. His charge is a petty misdemeanor. No jail time. Unsupervised probation. $500 fine. Mr. Halls denies handing a firearm to Mr. Baldwin.”
source: people.com
