On Wednesday, a defense attorney told jurors that the shooting death of cinematographer Halyna Hutchins was an “unspeakable tragedy,” but emphasized that “Alec Baldwin committed no crime; he was an actor, acting.” In his opening statement in a Santa Fe, New Mexico courtroom, Baldwin’s lawyer, Alex Spiro, argued that Baldwin, who is on trial for involuntary manslaughter, acted as any actor would on the set of the film “Rust,” where Hutchins was killed in October 2021.
“I don’t have to tell you any more about this because you’ve all seen gunfights in movies,” Spiro said. Special prosecutor Erlinda Ocampo Johnson countered, stating that before the shooting, Baldwin skipped safety checks and recklessly handled a revolver. “The evidence will show that someone who played make-believe with a real gun and violated the cardinal rules of firearm safety is the defendant, Alexander Baldwin,” Ocampo Johnson said.
Spiro responded, “These cardinal rules, they’re not cardinal rules on a movie set. On a movie set, safety has to occur before a gun is placed in an actor’s hand.” The first witness to testify was the initial law enforcement officer to arrive at Bonanza Creek Ranch after the shooting. Video from the body camera of Nicholas LeFleur, a Santa Fe County sheriff’s deputy, showed the frantic efforts to save Hutchins, who appeared unconscious as people attended to her and provided oxygen. In the courtroom, Baldwin watched somberly as the footage played.
Later in the video, LeFleur instructed Baldwin not to speak to other potential witnesses, but Baldwin repeatedly did. When special prosecutor Kari Morrissey questioned whether the deputy handled the situation ideally, LeFleur admitted, “Probably not. But it’s what happened.” Spiro pressed LeFleur on why he left the word “accidental” out of his description of the shooting call during the prosecution’s questioning. LeFleur said it was not intentional and acknowledged that he had previously suggested Baldwin’s actions were unintentional.
In her opening statement, Ocampo Johnson detailed the events leading up to Hutchins’ death, stating that Baldwin had declined multiple opportunities for standard safety checks with armorer Hannah Gutierrez-Reed before the rehearsal in the small church where Hutchins was killed. “He cocks the hammer, points it straight at Miss Hutchins, and fires that gun, sending that live bullet right into Miss Hutchins’ body,” Ocampo Johnson said. Baldwin, who kept his eyes on a notepad during the presentation, watched Spiro intently during his opening. His wife, Hilaria Baldwin, younger brother Stephen Baldwin, and older sister Elizabeth Keuchler, who occasionally wiped away tears, were present in the courtroom.
The jury consists of 16 members—11 women and five men—from a region with strong currents of gun ownership and safety informed by backcountry hunting. Four jurors will be alternates, while the other 12 will deliberate. Hutchins’ death and the wounding of director Joel Souza nearly three years ago shocked the film industry, resulting in a felony charge against Baldwin, 66, that could lead to up to 18 months in prison. “It killed an amazing person,” Spiro said. “It wounded another, and it changed lives forever.”
Baldwin has claimed the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware it was loaded with a live round, he said he pulled back the hammer—not the trigger—and it fired. “No one saw him intentionally pull the trigger,” Spiro said. Even if Baldwin had pulled the trigger and was lying, Spiro argued, it still would not have been manslaughter. “On a movie set, you’re allowed to pull that trigger,” Spiro said, adding, “that doesn’t make it a homicide.” He emphasized that the responsibility for safety lay with the film’s armorer, Gutierrez-Reed, who has already been convicted of involuntary manslaughter, and assistant director David Halls, who pleaded no contest to negligent use of a deadly weapon in exchange for his testimony.
Baldwin had been told the gun was “cold” before receiving it, not knowing it contained a live round. “It had been checked and double-checked by those responsible for ensuring the gun was safe,” Spiro said. “He did not tamper with it, he did not load it himself, and he did not leave it unattended.”
Spiro, who has become one of the most sought-after defense attorneys in the country, has represented clients like Elon Musk, New England Patriots owner Robert Kraft, and Megan Thee Stallion. Baldwin, known for roles in “Beetlejuice,” “Glengarry Glen Ross,” and “30 Rock,” has been a prominent actor and public figure for over three decades. In concluding his opening, Spiro stated that witnesses will attest that “no actor in history” has “intercepted a live bullet from a prop gun. No one could have imagined or expected an actor to do that,” he said.
Testimony will explore the mechanics of the weapon and whether it could have fired without a trigger pull. Prosecutors argue it couldn’t have. “That gun the defendant had asked to be assigned worked perfectly fine as it was designed,” Ocampo Johnson said. Attorney Gloria Allred, representing “Rust” script supervisor Mamie Mitchell and Hutchins’ sister and parents in a civil lawsuit against Baldwin and other producers, attended the trial. Allred noted that the jury appeared to be riveted by the testimony and evidence, including the police lapel camera video.
