- Prosecutors in New Mexico plan to present new information to a grand jury regarding the fatal shooting on the set of the movie “Rust”.
- There is a possibility that Alec Baldwin could face charges in connection with the shooting, which resulted in the death of a cinematographer.
- Originally, special prosecutors dismissed an involuntary manslaughter charge against Baldwin in April.
Special prosecutors in New Mexico are seeking to recharge actor Alec Baldwin in connection with the fatal shooting of a cinematographer during the filming of the movie “Rust” in 2021. They announced plans to present new information to a grand jury.
Kari Morrissey and Jason Lewis, prosecutors based in New Mexico, stated that they will present their case to the grand jury within the next two months. They mentioned that “additional facts” have emerged regarding the shooting that resulted in the death of Halyna Hutchins.
During a rehearsal inside a rustic chapel on a movie-set ranch near Santa Fe, Baldwin, who is also a co-producer of the film, pointed a gun at Hutchins. The gun went off on October 21, 2021, killing the cinematographer and injuring director Joel Souza.
“After an extensive investigation over the past several months, additional facts have come to light that we believe show Mr. Baldwin has criminal culpability in the death of Halyna Hutchins and the shooting of Joel Souza,” Morrissey and Lewis said in an email to Insider. “We believe the appropriate course of action is to permit a panel of New Mexico citizens to determine from here whether Mr. Baldwin should be held over for a criminal trial.”
They did not provide specifics about the additional information they will present to the grand jury.
Baldwin has claimed that he pulled back the hammer, but not the trigger, and the gun fired.
In a statement to Insider, Baldwin’s attorneys Luke Nikas and Alex Spiro said, “It is unfortunate that a terrible tragedy has been turned into this misguided prosecution. We will answer any charges in court.”
In April, special prosecutors initially dismissed an involuntary manslaughter charge against Baldwin after being informed that the gun may have been modified and malfunctioned. However, they later reconsidered and began considering the possibility of refiling a charge against Baldwin after receiving a new analysis of the gun.
The recent analysis of the gun, conducted by ballistics and forensic testing experts from Arizona and New Mexico, used replacement parts to reassemble the firearm. The analysis examined the gun and the markings it left on a spent cartridge, leading to the conclusion that the trigger must have been pulled or depressed.
An earlier FBI report on the gun’s analysis stated that it could discharge without the trigger being pulled if force was applied to an uncocked hammer, such as by dropping the weapon.
To get the gun to fire, the testers had to strike it with a mallet while the hammer was down and resting on the cartridge, or pull the trigger when it was fully cocked. The gun eventually broke during testing.
Authorities have not specified how live ammunition ended up on the set and inside the .45-caliber revolver, which was made by an Italian company specializing in 19th century reproductions.
Hannah Gutierrez-Reed, the weapons supervisor on the movie set, has pleaded not guilty to involuntary manslaughter and evidence tampering charges related to the case. Her trial is set to begin in February.
David Halls, the assistant director and safety coordinator of “Rust”, pleaded no contest to unsafe handling of a firearm in March and received a suspended sentence of six months of probation. He agreed to cooperate in the investigation of the shooting.
In the revived case against Baldwin, first reported by NBC News, a grand jury will determine whether there is enough evidence to proceed with criminal charges.
Neama Rahmani, a former federal prosecutor and head of West Coast Trial Lawyers in Los Angeles, stated that prosecutors can dismiss charges “without prejudice,” allowing them to reopen the case. Rahmani believes it is likely that the grand jury will return an indictment because the standard for a grand jury is lower than that of a jury trial — they only need to find “probable cause” rather than proof “beyond a reasonable doubt.”
“It’s just a one-sided presentation by prosecutors,” Rahmani added.
The 2021 shooting has resulted in multiple civil lawsuits, with claims that the defendants were negligent in maintaining safety standards. Members of Hutchins’ family have filed wrongful death claims. Baldwin and other defendants have disputed the allegations of lax safety standards.
Rust Movie Productions, the company behind the film, paid a $100,000 fine to workplace safety regulators for violating industry protocols and failing to address two misfires on set prior to the fatal shooting.
The filming of “Rust” resumed this year in Montana under an agreement with Matthew Hutchins, the widower of the cinematographer, who now serves as an executive producer.
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