A New Mexico judge has given the green light for a criminal trial to proceed against actor Alec Baldwin in connection with the accidental shooting death of cinematographer Halyna Hutchins on the set of the movie “Rust.” New Mexico First Judicial District Court Judge Mary Marlowe Sommer’s ruling paves the way for the trial to commence as scheduled. Baldwin, who has pleaded not guilty to the felony charge of involuntary manslaughter, is set to face trial in a Santa Fe courtroom with jury selection beginning on July 9.
The decision comes after months of legal disputes between Baldwin’s legal team and special prosecutors over the alleged faulty nature of the prop gun involved in the incident. Prosecutors aim to prove that Baldwin pulled the trigger, resulting in the tragic 2021 shooting that claimed Hutchins’ life while she stood just a few feet away. Baldwin has maintained that the gun discharged unintentionally. His defense attorneys have requested the dismissal of his indictment, citing investigative errors.
Prosecutors have presented evidence suggesting that Baldwin acted recklessly throughout the filming of “Rust,” a low-budget western, and argue that as a producer, he had a duty to ensure the safety of the film set. During the scene in question, Baldwin, Hutchins, director Joel Souza, and several crew members were preparing for a shootout sequence involving Baldwin’s character. The condition of the Italian-made Pietta Colt .45 revolver, a replica of an 1880s pistol, before and after testing by an FBI analyst has become a focal point of the case.
Baldwin’s defense team contends that fractures found in the gun’s hammer and sear during the FBI’s testing indicate a propensity for accidental discharge, and they argue that Baldwin was denied the opportunity to demonstrate the weapon’s alleged faults. Baldwin also claims that the gun had been modified before its use on the set, potentially contributing to the tragic accident, an assertion that prosecutors dispute.
Baldwin’s attorneys, Luke Nikas and Alex Spiro, have accused the state of destroying crucial evidence without properly documenting its original condition. Prosecutors, however, have maintained that the gun would not have discharged spontaneously. They enlisted a respected gun expert to inspect and rebuild the damaged section of the revolver, intending to present testimony at the trial affirming the weapon’s good condition and the necessity of pulling the trigger for it to fire.
During a recent two-day hearing, Baldwin’s legal team, the special prosecutors, firearms experts, forensic analysts, and the Santa Fe County Sheriff’s deputy who investigated the shooting extensively questioned the evidence. Baldwin was reportedly unaware that a live round was loaded in the gun’s chamber, having been informed that the weapon was “cold” and contained no ammunition. His defense, supported by the performers union SAG-AFTRA, argues that Baldwin was not responsible for gun safety and was not obligated to inspect the weapon himself. That responsibility fell to armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in March for her role in the incident and received an 18-month sentence. Gutierrez is listed as a witness for the prosecution but has been uncooperative, according to court testimony.
The investigation into the “Rust” shooting has faced numerous setbacks, including errors made by law enforcement officers and the original team of prosecutors, who eventually recused themselves from the case. The lead detective ordered destructive tests on the gun in 2022, despite warnings from the FBI analyst that such actions could damage the weapon. Baldwin’s defense team has also accused the special prosecutors of withholding evidence, an allegation they deny.
Earlier this month, Baldwin’s attorneys filed a motion to dismiss the indictment due to the destruction of the gun. They highlighted irregularities, including shavings and unidentified “tool marks” on the hammer, and argued that it was impossible to determine whether these marks were present during the filming of “Rust.” In April 2023, special prosecutor Kari Morrissey dropped the charges against Baldwin to investigate allegations of gun modification made by Nikas. However, the plea agreement offered to Baldwin was later withdrawn after it was discovered that details had been shared with NBC News, a breach of confidentiality. Morrissey also learned that Baldwin had commissioned a documentary about the incident and was pressuring potential witnesses to participate in interviews.
Last year, assistant director David Halls pleaded no contest to negligent use of a deadly weapon, receiving a suspended six-month sentence. Halls agreed to pay a fine, attend a firearms safety class, abstain from drugs and alcohol, complete community service, and testify in court regarding the accident. He provided his recollections during Gutierrez’s trial in February and is also listed as a witness for Baldwin’s defense team.
1 Response
This is absolutely sickening! Alec Baldwin should be held accountable for his reckless actions that resulted in the tragic death of Halyna Hutchins. It’s outrageous that he is even allowed to proceed with a criminal trial instead of facing immediate consequences for his negligence. This incident highlights the dangerous lack of safety protocols on movie sets and the devastating consequences that can occur when proper precautions are not taken. Baldwin’s carelessness has cost a talented cinematographer her life, and it’s infuriating to think that justice might