Alec Baldwin was charged with negligent homicide after the gun he was practicing with was accidentally discharged on a film location, killing the cinematographer. The film’s armorer is still charged with crimes.
This year, Alec Baldwin was accused in relation to the “Rust” shooting in New Mexico. “We are pleased with the decision to dismiss the case,” said his attorneys.
New Mexico prosecutors are dropping the involuntary manslaughter charges filed against Alec Baldwin for the 2021 shooting death of a cinematographer on the set of the film “Rust.”
This is the latest setback in the government’s pursuit of a high-profile case that has been closely followed by the film industry and the nation.
It was a dramatic reversal in Mr. Baldwin’s case, just months after the original prosecutors had filed charges against him, including one carrying a five-year prison sentence.
Since then, they have downgraded the charge, which was based on a law that did not exist at the time of the shooting; the special prosecutor leading the case resigned after her appointment was challenged on legal grounds; and the district attorney in charge of the case, Mary Carmack-Altwies, retreated and appointed two new special prosecutors to lead it.
The decision to drop the charges against Mr. Baldwin was made after the new prosecutors reviewed new evidence indicating that the gun he was practicing with had been altered before it was delivered to the set, according to a source with knowledge of the investigation who requested anonymity to discuss the case.
The official stated that this undermined the prosecution’s original argument that the pistol could not have been fired unless Mr. Baldwin pulled the trigger.
Prosecutors may decide to pursue additional charges against Mr. Baldwin.
Kari Morrissey, one of the new special prosecutors, said in a statement,
“New facts have surfaced that require further investigation and forensic analysis in the case against Alec Baldwin.”
“Therefore, under the current time constraints and based on the facts and evidence provided by law enforcement in their current form, we cannot proceed.” This decision does not exonerate Mr. Baldwin of criminal responsibility, and new allegations may be brought.”
On October 21, 2021, a gun Mr. Baldwin was practicing with on the set of “Rust” accidentally discharged, murdering the film’s cinematographer, Halyna Hutchins, and injuring its director, Joel Souza.
That day, Mr. Baldwin was informed that the revolver replica he was using for target practice was “cold,” indicating it contained no live ammunition.
He has maintained from the outset that he did not pull the trigger prior to the gun’s discharge, telling investigators that the gun discharged after he had pulled the hammer back and released it.
However, the original prosecutors stated that an F.B.I. analysis of the gun demonstrated that he must have pressed the trigger, which influenced their decision to file charges.
Mr. Baldwin’s attorneys, Luke Nikas and Alex Spiro issued the following statement: “We are pleased with the decision to dismiss the case against Alec Baldwin, and we encourage a thorough investigation into the facts and circumstances surrounding this tragic accident.”
The official dismissal of these allegations is anticipated to be submitted prior to Friday afternoon’s status hearing.
Hannah Gutierrez-Reed, the film’s armorer, who loaded the pistol on the day of the shooting and was responsible for weapons on the western set, was also charged with negligent homicide.
Jason Bowles, one of her attorneys, stated that the accusations against Ms. Gutierrez-Reed remained.
This week, filming will recommence in Montana, where the production has relocated from New Mexico. Matthew Hutchins, the widower of Ms. Hutchins, is an executive producer for the revival.
After the decision was announced on Thursday, Mr. Baldwin posted a photo of himself and his wife with the caption, “I owe everything I have to this woman.” He then added “(and to you, Luke),” presumably referring to one of his attorneys, Mr. Nikas.
The district attorney, Ms. Carmack-Altwies, a Democrat elected in 2020, stated when announcing the charges that an F.B.I. analysis of the gun proved “conclusively” that the trigger had been pressed.
Mr. Baldwin maintained that he never pulled the trigger. However, according to a source familiar with the investigation, Mr. Baldwin’s legal team recently provided prosecutors with new evidence that the firearm had been modified without his knowledge to make it less secure to handle.
The decision to drop the allegations was the most recent setback in a string of defeats for the prosecution. Andrea Reeb, the special prosecutor originally appointed to handle the case, resigned after Mr. Baldwin’s attorneys argued that her appointment violated a provision of the State Constitution prohibiting officials from serving in two branches of government since she is also a state legislator.
A judge subsequently ruled that Ms. Carmack-Altwies could not appoint a special prosecutor unless she recused herself from the case. So, she resigned from the case last month and appointed New Mexico attorneys Ms. Morrissey and Jason Lewis as special prosecutors.
Investigators could not ascertain how live ammunition made its way onto the “Rust” set. Mr. Baldwin stated that he was obeying orders when he practiced drawing the pistol on that particular day.
Alec Baldwin stated in an ABC television interview less than two months after the murder,
“Someone put a live bullet in a gun, a bullet that wasn’t even supposed to be on the property.” “I cannot say who is responsible for what occurred, but I am certain it is not me.”
In January, when her office announced that it would be filing manslaughter charges against Mr. Baldwin, Ms. Carmack-Altwies stated that he had “an absolute duty to know that what is in the gun that is being placed in his hand is safe” — a statement that was questioned by actors, armorers, union leaders, and others in the film industry.
SAG-AFTRA, the union that represents film, television, and radio workers, stated in a statement at the time that her “contention that an actor has a responsibility to ensure the functional and mechanical operation of a firearm on a production set is incorrect and uninformed” and that “an actor’s job is not to be a firearms or weapons expert.”
Dave Halls, who oversaw safety on the “Rust” set as first assistant director, reached a plea agreement with Ms. Carmack-Altwies and Ms. Reeb on a charge of the negligent use of a deadly weapon. He was given a six-month probationary period.
A judge in New Mexico will determine next month whether or not to proceed with the manslaughter charges against Ms. Gutierrez-Reed. Her attorney stated that she intends to enter a not-guilty plea.
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