Manslaughter Charges Dropped Against Alec Baldwin in ‘Rust’ Fatal Shooting

Charges against actor Alec Baldwin stemming from the fatal shooting of a cinematographer on the New Mexico set of the film Rust have been dropped, authorities said Thursday.

Halyna Hutchins died Oct. 21, 2021 after being shot with a prop gun wielded by Baldwin. The incident led to criminal counts against Baldwin, 64, who had been charged, along with the film’s armorer, Hannah Gutierrez-Reed, with involuntary manslaughter and involuntary manslaughter in the commission of a lawful act.

Both pleaded not guilty.

New Mexico special prosecutors Kari T. Morrissey and Jason J. Lewis, though, cited unspecified “new facts” Thursday that left them unable to proceed with the case.

“Over the last few days and in preparation for the May 3, 2023, preliminary hearing, new facts were revealed that demand further investigation and forensic analysis in the case against (Baldwin),” they said in a statement. “Consequently, we cannot proceed under the current time constraints and on the facts and evidence turned over by law enforcement in its existing form.

They added, however, that “this decision does not absolve Mr. Baldwin of criminal culpability and charges may re-filed. Our follow-up investigation will remain active and ongoing.”

Sources told the Los Angeles Times and Wall Street Journal that the case against Baldwin was weakened by evidence showing that the gun the actor was holding had been modified, making it possible to misfire without the trigger being pulled.

Baldwin has maintained that he never pulled the trigger on the weapon.

Baldwin’s attorneys, Luke Nikas and Alex Spiro, issued a statement Thursday saying, “We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident.”

The criminal case against Baldwin was troubled almost from the start.

Prosecutors originally included a firearm enhancement in the charge of involuntary manslaughter in the commission of a lawful act, but New Mexico First Judicial Attorney Mary Carmack-Altwies later announced that the enhancement had been dropped.

The decision came after Baldwin’s attorneys filed a motion challenging the validity of the enhancement, saying it was not in effect at the time of the shooting outside Santa Fe.

A special prosecutor who had originally been brought in to handle the case also stepped down, following a challenge by Baldwin’s attorneys questioning her ability to serve both as a prosecutor and a state legislator in New Mexico.

Hutchins, 42, was fatally shot with a bullet discharged from a prop weapon; it also struck and wounded film director Joel Souza. Baldwin was holding the gun while helping to set camera angles for an upcoming scene.

The actor, who is also a producer on the film, has insisted he was told the gun was “cold,” or contained no live rounds. In addition, he said that while he pulled back the hammer on the weapon, he never pulled the trigger.

Nikas said previously that Baldwin bore no responsibility in the shooting, as he “relied on the professionals with whom he worked, who assured him the gun did not have live rounds.”

Attorneys for Gutierrez-Reed also have denied that she did anything wrong, even suggesting at one point that others on the set tried to “sabotage” the production by mixing live rounds with blanks.

Her attorneys, Jason Bowles and Todd Bullion, said in a joint statement when the charges were filed that prosecutors have “completely misunderstood the facts and has reached the wrong conclusions.”

“The tragedy of this,” they argued, is that their client, had she been allowed to be on hand prior to Hutchins’ shooting, “would have performed the inspection and prevented this tragedy. We will fight these charges and expect that a jury will find Hannah not guilty.”

Sheriff’s investigators determined that live ammunition was found on the “Rust” set, mixed with blanks that are traditionally used in film production.

Hutchins’ death led to industry-wide calls for improvements in on-set safety, particularly in regard to the use of firearms.

Filming on “Rust” was suspended after the shooting, but has since resumed, with Hutchins’ husband serving as a producer under the terms of a lawsuit settlement.

– City News Service