A new involuntary manslaughter charge is being faced by Alec Baldwin in the fatal 'Rust' shooting: What sets this apart

On Friday, Alec Baldwin was accused of involuntary manslaughter for the 2021 death of cinematographer Halyna Hutchins on the set of "Rust," as per documents obtained by Planet Chronicle Digital.

Baldwin was indicted for Hutchins' death for the second time by a grand jury.

Alex Spiro and Luke Nikas, Baldwin's lawyers, stated on Friday to Planet Chronicle Digital that they are eagerly anticipating their day in court following the release of the new charge.

A video from the "Rust" set was released in November, showing Baldwin instructing crew members to clear the way as he readied his weapon for shooting.

The refiling of charges against Baldwin may have been triggered by the release of the bombshell video, according to celebrity attorney Christopher C. Melcher, a partner at Walzer Melcher & Yoda.

"The fall outtakes that were released were both beneficial and detrimental to his defense. They demonstrated Alec directing a crew member away from the direction that Alec was pointing his pistol, which established that Alec was acting safely at the moment when handling a firearm. However, it also revealed that Alec understood the rules of gun safety, which showed that he acted without regard for safety when he shot Halyna Hutchins and Joel Souza."

On the New Mexico set of a Western film on Oct. 21, 2021, Hutchins was killed and director Joel Souza was wounded by a bullet from a weapon Baldwin was holding while rehearsing a scene in a church. Despite this, Baldwin has maintained that he did not pull the trigger of the gun that killed Hutchins.

According to Melcher, actors are not expected to be gun experts, but Alec was given a real firearm and pointed it at two people without checking if it was unloaded or having the prop master do that for him. It is standard procedure to ensure that a firearm is unloaded when using it on the set.

"Alec, who had followed that process hundreds of times in his career, took possession of the firearm, pointed it at two people, and shot them. It would have taken seconds to determine there was a live round in the gun. The failure to use due care when handling a deadly weapon is not an accident, it is a crime."

"The failure to use due care when handling a deadly weapon is not an accident, it is a crime." — Christopher C. Melcher, partner at Walzer Melcher & Yoda

In November, NBC News released a video showing Baldwin on set just before Hutchins' death. He can be heard instructing crew members to get out of the way of the gun.

"Baldwin instructed, "Now wait a second. I'm going to shoot right. Do you mind going to the other side of the camera? I don't want to shoot toward you." At another point, Baldwin expressed concern for the safety of those behind the camera, saying, "I don't know why you're going up hills and all this other - you're going to break your f---ing neck.""

On Sunday, the first time since the new involuntary manslaughter charge was filed, Baldwin was seen in the Hamptons.

New testing on the weapon may strengthen the prosecution's case against Baldwin, as he has denied ever firing it.

Mangels stated that Baldwin's lawyers could argue that a test on a reconstructed gun with new components cannot serve as definitive evidence of what transpired with the original firearm.

"The prosecution must prove Baldwin's guilt beyond a reasonable doubt, even if he pulled the trigger. They must also demonstrate his mental state and knowledge of the danger involved. Additionally, any inconsistencies between the two tests must be pointed out."

Rither Alabre, a former New York prosecutor and partner in the White Collar Defense & Investigations Practice Group at Blank Rome, stated to Planet Chronicle Digital that when prosecutors dismissed the charges, they made it clear that the dismissal did not exonerate Baldwin of criminal responsibility and the prosecutors retained the option to refile charges.

The prosecutors now have the evidence that was previously lacking, as they conducted further forensic analysis on the gun and determined that it could not have been fired without someone (namely Baldwin) pulling the trigger.

Eric Schiffer, a brand expert, stated that initially, when the charges occurred, people were furious and did not view Baldwin sympathetically. However, as time passed, public perception shifted, and Baldwin seemed to regain some trust with the public.

Schiffer stated to Planet Chronicle Digital that jurors would be less likely to favor Baldwin now, as most people would view him as another celebrity attempting to evade responsibility for his actions, given that guns do not fire themselves, especially those that are functioning properly and have been validated by the FBI.

"Some individuals believe he has experienced great suffering, resulting in a severely tarnished reputation and the destruction of his film career. Although he has paid a price, it has not been recognized by the law."

Although "Rust" has always been a hindrance to Baldwin, Schiffer thinks Alec's career can still recover.

Schiffer stated that there is a currency that comes from massive attention, even if it's a negative sentiment, and that attention over time causes the memory of the negative side to dissipate. However, the awareness factor of those individuals remains, as people tend to be more interested in those they know, even if it was initially a negative sentiment.

"Alec has tremendous talent, and there are those who believe he will get through this and eventually build back, while others argue that guns don't go off, celebrity elites should not receive favoritism, and he should face justice and let the jury decide."

"There's a segment that is rooting that he gets through this, and there is a segment that says guns don't go off, celebrity elites should not get favoritism, and he should face justice and let the jury decide." — Eric Schiffer

Gloria Allred represents the plaintiffs in the civil lawsuits against Baldwin, including one brought by "Rust" script supervisor Mamie Mitchell and another by Hutchins' family members.

In May, "Rust" was completed by Baldwin and the cast and crew amidst the legal drama.