SANTA FE, New Mexico – Lawyers representing actor Alec Baldwin have filed a motion to dismiss manslaughter charges against him in the 2021 fatal shooting of cinematographer Halyna Hutchins during the filming of the movie “Rust.” The motion alleges prosecutorial misconduct and seeks to terminate the trial set for July 10. Baldwin’s defense lawyers argue that the charges against him are an abuse of the system and a violation of his rights. They claim that prosecutors have dragged Baldwin through a cesspool of improprieties and have failed to present exculpatory evidence to the grand jury.
Hutchins died when a live round was fired from the Colt .45 revolver Baldwin was rehearsing with. Director Joel Souza was also wounded in the incident. The trial of the film’s armorer, Hannah Gutierrez, resulted in a guilty verdict of involuntary manslaughter. However, Baldwin’s lawyers argue that he had no role in enforcing safety protocols or hiring the crew and that prosecutors failed to call a witness who could have testified to Baldwin’s limited responsibility as a producer.
While it is rare for judges to dismiss charges, the fact that the charges against Baldwin were previously dropped and that this trial is the first on-set fatal shooting trial in nearly 30 years could play a role in the judge’s decision. Gutierrez is scheduled to be sentenced on April 15 and faces up to 18 months in state prison. Baldwin, who denies responsibility for Hutchins’ death, faces two counts of manslaughter, carrying a maximum sentence of 18 months in prison.
Prosecutors in New Mexico must allow the defense to present witnesses and evidence to the grand jury if the defendant testifies. In Baldwin’s case, he did not testify at the January grand jury proceeding. The charges against Baldwin were initially dismissed when his lawyers presented evidence that the revolver could fire without the trigger being pulled, but a subsequent test confirmed that the gun would not fire without the trigger being pulled.
Special prosecutor Kari Morrissey has 14 days to respond to Baldwin’s motion to dismiss the charges. The outcome of the motion and the forthcoming trial will determine the legal responsibility for the tragic incident during the filming of “Rust.”