Prosecutors have formally dismissed an involuntary manslaughter charge against Alec Baldwin in the fatal 2021 shooting of a cinematographer on the set of the Western film “Rust, ” citing new evidence and the need for more time to investigate.
In a stunning turnaround for the 65-year-old A-list actor, special prosecutors Kari Morrisey and Jason Lewis filed the notice to dismiss the only charge against Baldwin on Friday in state District Court in Santa Fe. Prosecutors say the investigation is ongoing.
An involuntary manslaughter charge against Hannah Gutierrez Reed, the weapons supervisor on the film, is unchanged.
An online status hearing was scheduled for Friday afternoon in state District Court in the case against Gutierrez Reed. The hearing initially was to also include the Baldwin case, but that was called off after the charge against the actor was dismissed.
Friday’s court filing echoed early statements from prosecutors that new facts had been revealed in the investigation that demand further investigation and forensic analysis, with little time left before evidentiary hearings scheduled to start on May 3.
On Thursday, the special prosecutors said that the “decision does not absolve Baldwin of criminal culpability and charges may be refiled.” They have declined further comment.
Los Angeles-based entertainment litigator and defense attorney Kate Mangels, who is not involved in the “Rust” case, said opportunities for further charges against Baldwin are narrowing.
“If they don’t have the evidence now, I don’t see what evidence they could obtain or that could develop. … It looks like they already had 30 people on a witness list, a cooperative (codefendant) witness, investigations done by various law enforcement agencies. It seems like this has already been pretty well investigated. I can’t imagine what would arise to bring new charges.”
Lawyers for Baldwin were first to announce that prosecutors were changing course, in a sharp turnaround for the Hollywood luminary who just a few months ago was confronting the possibility of a yearslong prison sentence.
“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,” defense attorneys Luke Nikas and Alex Spiro said in a statement.
Baldwin was pointing a pistol at cinematographer Halyna Hutchins during a rehearsal when it went off, killing her and wounding director Joel Souza.
Baldwin has said the gun fired accidentally and he did not pull the trigger. An FBI forensic report found the weapon could not have fired unless the trigger was pulled, however.
In March, “Rust” safety coordinator and assistant director David Halls pleaded no contest to a conviction for unsafe handling of a firearm and a suspended sentence of six months of probation. He agreed to cooperate in further inquiries into the fatal shooting.
A defense attorney for Halls said Friday that he is happy for Baldwin and also wishes the best for the Hutchins family.
“Mr Halls never believed Mr Baldwin should be charged with a crime. It was a tragic accident that is best resolved out of criminal court,” defense attorney Lisa Torraco said in an email.
When the manslaughter charges were announced in January, Santa Fe District Attorney Mary Carmack-Altwies said the case was about equal justice under the law and accountability in Hutchins’ death, regardless of the fame or fortune of those involved. She said the Ukrainian-born cinematographer’s death was tragic — and preventable.
A new legal team took over prosecution of Baldwin and Gutierrez-Reed in late March, after the original special prosecutor appointed in the case resigned.
The dismissal of the charge against Baldwin, also a coproducer on “Rust,” abruptly changes the tenor of the investigation, said John Day, a Santa Fe-based criminal defense attorney who is not involved with the case.
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