Rust assistant director receives suspended jail sentence after pleading no contest to negligent use of a firearm on Alec Baldwin set where Halyna Hutchins was shot dead

  • David Halls pleaded no contest to a misdemeanor charge of negligent use of a deadly weapon and received a suspended jail sentence 
  • He was sentenced to six months probation and has to pay a $500 fine, do 24 hours of community service and complete a gun-safety course
  • Halls is expected to testify in upcoming criminal cases against Baldwin and set armorer Hannah Gutierrez-Reed
  • Judge Mary Marlowe Somme told him to ‘take responsibility for his actions or inactions’ and have no contact with potential witnesses in the upcoming case

Former Rust assistant director David Halls received a suspended jail sentence for unsafe handling of a firearm on the Alec Baldwin film set where cinematographer Halyna Hutchins was shot dead.

Halls pleaded no contest to a misdemeanor charge of negligent use of a deadly weapon and was sentenced to six months probation on Friday. He also has to pay a $500 fine and complete a gun-safety course.

State District Judge Mary Marlowe Somme initially sentenced Halls to a six-month jail term but suspended it. He was also ordered to complete 24 hours of community service, ‘take responsibility for his actions or inactions’, to not consume alcohol or drugs without a prescription and have no contact with potential witnesses in the upcoming case. 

Halls, who appeared via court video for his plea hearing, is the first person to be held accountable for the death of Hutchins who was shot on October 21, 2021, during rehearsals. He is expected to testify in the upcoming criminal cases against Baldwin and set armorer Hannah Gutierrez-Reed.

Baldwin, who denies pulling the trigger, was pointing a pistol at Ms Hutchins on the film-set ranch in Santa Fe when the weapon went off; a single live round killed her and wounded director Joel Souza. 

Former Rust assistant director David Halls received a suspended jail sentence for unsafe handling of a firearm on the set where Alec Baldwin shot dead cinematographer Halyna Hutchins

Halyna Hutchins was shot on October 21, 2021, during rehearsals

Baldwin, who denies pulling the trigger, was pointing a pistol at Ms Hutchins when the weapon went off; a single live round killed her and wounded director Joel Souza

The incident occurred on a film-set ranch on the outskirts of Santa Fe

Hall’s defense attorney Lisa Torraco said he checked the rounds in the revolver to see if they were dummies or blanks with an explosive before it was handed to Baldwin.

He previously denied giving the gun to the actor and said he handed it to Gutierrez-Reed.

‘When he checked the firearm at that point in time, he’s checking to see if there are any blanks or dummy rounds in the firearm,’ Torraco said.

‘Never in anyone’s wildest dreams or in anyone’s imagination … did anyone think that there could possibly be a live round in the firearm.

‘Mr. Halls does not handle firearms. His job is not to handle firearms. He does not like firearms.’

But special prosecutor Kari Morrissey, who was appointed to replace First Judicial District Attorney Mary Carmack-Altwies alongside Jason Lewis this week, said Halls was culpable because he was the ‘last line of defense’ and was responsible for checking if there were any live rounds.

‘Mr. Halls did not check every round that was in the gun to confirm that it was a dummy round and not a live round,’ Morrissey said.

‘He then handed the gun to Mr. Baldwin and Mr. Baldwin began to practice his cross-draw. During that action of practicing the cross-draw, the gun went off.’

The prosecutor also said there had been two incidents where weapons were discharged prior to Hutchins’ death and that the camera crew walked off the set due to safety concerns.

Torraco said Hall disputes the idea he was ultimately responsible for set safety and added: ‘He can’t control how other people handle firearms.’

But she said he agreed to plead no contest to ‘make things easier for the family’.

‘Everybody needs to start processing and moving on. Mr. Halls is in a lot of pain and a lot of trauma.’

She urged the court not to impose a prison sentence and noted Halls was ‘extremely traumatized’ and ‘rattled’ with guilt.

Judge Mary Marlowe Somme initially sentenced Halls to a six-month jail term but suspended it and he is expected to testify in criminal cases against Baldwin and set armorer Hannah Gutierrez-Reed.

Halls was also ordered to complete 24 hours of community service, ‘take responsibility for his actions or inactions’ and have no contact with potential witnesses in the upcoming case

Halls is the first person to be held accountable for the death of Hutchins and his attorney said he agreed to plead no contest to ‘make things easier for the family’

Baldwin (pictured) and movie armorer Hannah Gutierrez-Reed have pleaded not guilty to charges of involuntary manslaughter that carry a maximum penalty of 18 months in prison 

Baldwin broke his silence on the shooting in an interview with ABC

Previous witnesses have said that Halls handed Baldwin the gun and that he declared it a ‘cold gun’ despite the presence of live ammo in the chamber, according to a search warrant.

‘Cold gun’ is a term used on sets to notify that live ammo isn’t being used.

In a December deposition with the New Mexico Occupational Health and Safety Bureau, Halls denied giving Baldwin the gun, saying he gave it to Gutierrez-Reed. He also accused Gutierrez-Reed of declaring ‘cold gun.’

Halls also compared the death of Hutchins as comparable to a plane crash in that it wasn’t any one person’s fault but rather ‘a system failure.’

In separate regulatory proceedings, workplace safety authorities have asserted Halls shared responsibility for identifying and correcting any hazardous conditions related to firearms safety in the movie’s production.

Halls agreed to co-operate and provide testimony in further legal proceedings, a decision that holds implications for Baldwin and Gutierrez-Reed.

Baldwin and movie armorer Hannah Gutierrez-Reed have pleaded not guilty to charges of involuntary manslaughter that carry a maximum penalty of 18 months in prison and fines.

Santa Fe’s district attorney appointed special prosecutors, Morrissey and Lewis this week.

They replaced Carmack-Altwies who made a national name for herself when she zealously charged Baldwin with manslaughter with a sentencing enhancement for using a gun in January, more than a year after the fatal shooting.

In a statement, she said she chose to stand down in order to focus on other cases in the state.

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