How the 'Rust' shooting and the criminal charges against Alec Baldwin compare to the 1993 'The Crow' shooting

• Thirty years ago, actor Brandon Lee was killed on the set of "The Crow" in an accidental shooting.
• Alec Baldwin will be charged with involuntary manslaughter for the death of Halyna Hutchins in 2021.
• Experts told Insider why the two cases did not result in the same charges. 

On Thursday morning, actor and producer Alec Baldwin was formally charged with involuntary manslaughter in connection to the death of cinematographer Halyna Hutchins. The gun Baldwin was handling on the set of "Rust" had a live round in it, which struck both Hutchins and filmmaker Joel Souza. Armorer Hannah Gutierrez-Ree, the 25-year-old crew member responsible for the film's prop weapons, is also being charged. 

When the charges were announced, some social media users compared the tragic event to Brandon Lee's death on the set of the 1993 movie "The Crow." A rising film star, Lee had been following in the footsteps of his father, Hollywood legend Bruce Lee.

As Insider's Jason Guerrasio reported in 2017, the fatal accident on the set of "The Crow" occurred when actor Michael Massee fired a prop gun at his costar Lee. Though the gun had been loaded with a blank round, a dummy bullet remained in the barrel unbeknown to the cast or crew, striking Lee in the abdomen with the same force as a live round and killing the performer at just 28 years old.

Jerry Spivey, the former district attorney in Wilmington, North Carolina where "The Crow" was filmed, conducted an investigation and decided not to file criminal charges in the case.

The New York Times reported that Spivey had considered filing charges against the production company, but not the individuals involved in filming. 

"There is no evidence pointing to the kind of negligence the criminal law seeks to punish," the district attorney said in 1993. "The kind of negligence the law seeks to punish is the kind described as willful and wanton. You just can't find that."

Massee spoke with The Telegraph in 2005 about how he struggled after the accident even though nobody blamed him for it.

"I don't think you ever get over something like that," he said.

People have drawn comparisons between the circumstances that led to Lee's death and the series of events that resulted in 42-year-old Hutchins' death

As reported by Insider, "the shooting happened as Baldwin was practicing a cross-draw technique that involved him pointing a Colt .45 revolver at a camera on the Bonanza Creek Ranch set, according to affidavits previously released by the Santa Fe County Sheriff's Office."

Baldwin told ABC News' George Stephanopoulos in a December 2021 interview that "someone is responsible for what happened, and I can't say who that is, but I know it's not me."

The following year, Hutchins' husband Matthew filed a wrongful death lawsuit against Baldwin and other crew members, alleging that the "Rust" producers, Baldwin included, had cut corners on safety procedures.

"Rust" armorer Hannah Gutierrez-Reed has since criticized the Santa Fe police investigation into the accident. She released a statement in August 2022 via her representation that said "the primary question in this case" should have been how the live rounds wound up on set. 

"It is inconceivable that the Sheriff would not seek answers to this fundamental question and it raises a serious problem with the entire investigation," said the statement published by Deadline. 

So why the involuntary manslaughter charges for Baldwin and Gutierrez-Reed?

Multiple factors go into building a case like the one being brought against Baldwin and Gutierrez-Reed. Former Los Angeles County prosecutor Joshua Ritter, who is a partner with El Dabe Ritter Trial Lawyers, told Insider via email that each jurisdiction can arrive at different conclusions with the same facts.

"One outlier is that the more we hear about the safety conditions and standards on the set of 'Rust,' the clearer it gets that 'Rust' was not run safely," Ritter said. "Reportedly, there was more than just one live round of ammunition on set, which is entirely inexplicable and unacceptable."

The evidence may have coalesced into a case based on negligence, Ritter explained. There's also the possibility that the outlier is the district attorney's office. President of West Coast Trial Lawyers and former federal prosecutor Neama Rahmani told Insider the move seems "aggressive." 

"The bottom line is the decision by this DA's Office in New Mexico stands out as a very aggressive prosecution," Rahmani said via email. "One prosecutor may be inclined to be overzealous and treat as criminal what another prosecutor would treat as an accident."

She continued: "Regardless, that's not going to serve as a defense for Alec Baldwin or Hannah Gutierrez-Reed. If a person gets pulled over for speeding, they can't say all these other drivers were speeding as well."

This is a developing story, please check back for updates.