Los Angeles, April 21, (tca/dpa/GNA) - New Mexico prosecutors have dropped criminal charges against actor Alec Baldwin in the deadly “Rust” shooting, a dramatic reversal after numerous missteps by prosecutors.
The development came after prosecutors received new information in the case — that Baldwin’s prop gun had been modified before being delivered to the low-budget western in October 2021, according to three people familiar with the matter who were not authorized to comment.
The replica of the vintage weapon — a Colt .45 revolver — had been fitted with a new trigger, increasing the odds that the gun might have misfired, as Baldwin has said, according to the sources.
Special prosecutors Kari T. Morrissey and Jason J. Lewis confirmed the decision late Thursday, citing new information turned over by law enforcement.
“We cannot proceed under the current time constraints and on the facts and evidence turned over by law enforcement in its existing form,” they said. “We therefore will be dismissing the involuntary manslaughter charges against Mr. Baldwin to conduct further investigation. This decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled.”
Baldwin has long maintained that he did not pull the trigger when cinematographer Halyna Hutchins was fatally shot during a rehearsal in an old wooden church on a sprawling ranch outside Santa Fe, New Mexico. The film’s director, Joel Souza, was also wounded but recovered.
The decision to drop the involuntary manslaughter charges comes three weeks after a new special prosecutor team in New Mexico took over the case when the district attorney stepped down. The special prosecutors were racing to prepare for a May 3 preliminary hearing to determine whether they had sufficient evidence to go to trial.
“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,” Luke Nikas and Alex Spiro, attorneys for Baldwin, said in a statement, which was first reported by ABC News and Variety.
Baldwin, 65, was charged in late January with two counts of involuntary manslaughter in the shooting death of Hutchins, a rising star in the film industry. The film’s armorer, Hannah Gutierrez Reed, 25, was also charged.
Thursday’s revelations raised questions about whether the previous team of prosecutors had all of the evidence before deciding to charge Baldwin, Gutierrez Reed and assistant director David Halls. Last month, Halls pleaded no contest to a misdemeanor charge of negligent use of a deadly weapon.
It was also unclear whether the gun had other defects.
Gutierrez Reed — who has acknowledged that she loaded Baldwin’s gun — is still facing the felony charges, the sources said.
“The new special prosecutor team has taken a very diligent and thorough approach to the entire investigation, which we welcome and have always welcomed,” Gutierrez Reed’s attorneys, Jason Bowles and Todd Bullion, said in a statement. “We fully expect at the end of this process that Hannah will also be exonerated.”
The “Rust” investigation has been beset with problems since the day of the shooting, which occurred during a rehearsal after a lunch break. The day was hectic and the film crew was running behind schedule, in large part because most of the camera crew had walked off the job over concerns about safety, including previous accidental gun discharges and the lack of nearby lodging.
Baldwin was practicing a cross-draw maneuver, slowly pulling the pistol from his holster and pointing it at Hutchins, who had wanted to get a camera angle of the barrel of the loaded weapon. She was standing next to the camera.
Minutes before, Gutierrez Reed had brought the weapon into the church, where she gave it to Halls. The assistant director announced the weapon was “cold,” meaning that it did not contain any live ammunition.
But the gun contained five so-called dummy rounds and one lead bullet.
Cameras were not rolling during the rehearsal. The bullet passed through Hutchins’ chest and lodged into the shoulder of Souza, who was standing behind her. Hutchins was airlifted to an Albuquerque hospital, about 50 miles away, where she was pronounced dead.
Production of “Rust” has resumed at the Yellowstone Film Ranch in Montana.
GNA