Alec Baldwin lawyers say manslaughter charges to be dropped in ‘Rust’ movie set shooting

Actor Alec Baldwin departs his home, as he will be charged with involuntary manslaughter for the fatal shooting of cinematographer Halyna Hutchins on the set of the movie “Rust”, in New York, January 31, 2023.

David Dee Delgado | Reuters

New Mexico prosecutors announced Thursday they will be dismissing manslaughter charges against Alec Baldwin after “new facts” emerged that demanded further investigation.

Special prosecutors Kari Morrissey and Jason Lewis cautioned their decision “does not absolve” Baldwin of culpability for his role in the fatal shooting on the set of the movie “Rust” in October 2021.

“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],” the prosecutors 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. We therefore will be dismissing the involuntary manslaughter charges against Mr. Baldwin to conduct further investigation.”

Their follow-up investigation remains “active and on-going” and charges may be refiled, they said.

“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,” said Baldwin attorneys Luke Nikas and Alex Spiro.

Charges against the film’s original armorer, Hannah Gutierrez-Reed, remain “unchanged,” prosecutors said. Her lawyers didn’t immediately respond to a request for comment. A status conference will be held in the case on Friday at 2:30 p.m. local time.

Baldwin, who is also a producer on the film, and Gutierrez-Reed, the film’s armorer, were each charged with manslaughter in connection with the death of “Rust” cinematographer Halyna Hutchins. The actor was rehearsing a scene with the gun that fired the fatal bullet at the time of the shooting. “Rust” is set to resume filming this week in Montana.

Baldwin and Gutierrez-Reed have pleaded not guilty.

“Rust” proceedings have been hampered by procedural complications, particularly concerning the appointment of the case’s previous special prosecutor. 

The first special prosecutor for the case, Andrea Reeb, stepped down in early March, following a request for her removal that was filed by Baldwin’s defense lawyers. 

Baldwin’s lawyers took issue with Reeb’s allegedly dueling commitments: Reeb was named special prosecutor before being elected to New Mexico’s legislature, which Baldwin’s lawyers argued defied the state’s constitution.

In March, Mary Carmack-Altwies, the New Mexico district attorney previously overseeing the “Rust” case, was given a directive from Judge Marlowe Sommer to either recuse herself from the case, or lose her ability to appoint a new special prosecutor.

Carmack-Altwies recused herself soon after. In her place, she appointed Morrissey and Lewis as special prosecutors. 

Though Baldwin’s manslaughter case will be dropped, the actor still faces other legal pressure as a result of the accidental shooting. 

In early February, Hutchins’ parents and sister filed a lawsuit against Baldwin, “Rust” producers and other crew members, accusing them of negligence and intentional infliction of emotional distress, among other charges. In 2022, Hutchins’ husband settled a separate lawsuit regarding the shooting.

Baldwin’s lawyers recently called the lawsuit “misguided,” saying the family has “no viable cause of action” against the actor, according to the motion to toss the suit. 

The family lives in Ukraine, and Baldwin’s lawyers claimed they were “distanced from Halyna physically, financially and emotionally for years before her death.” 

Baldwin also faces a lawsuit filed by three crew members who worked on the set of “Rust,” who claimed to be standing close to Baldwin when the prop gun was fired. They said they suffered “blast injuries” when the gun was discharged, and now request compensatory and punitive damages.

To date, only David Halls, the “Rust” assistant director who handled the gun that killed Hutchins, has been held criminally accountable for the cinematographer’s death. 

After pleading no contest to a misdemeanor charge of negligent use of a deadly weapon, Halls was sentenced to six months of unsupervised probation, a $500 fine and 24 hours of community service.

Halls’ hearing was the first to be conducted under the supervision of special prosecutors Morrissey and Lewis.