Judge considers dismissing charges against Alec Baldwin for fatal shooting of cinematographer

SANTA FE, NM — A New Mexico judge is considering Alec Baldwin’s request to dismiss a grand jury indictment against him in a virtual hearing on Friday.

The January indictment charged Baldwin with involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins on Oct. 21, 2021, at a movie farm outside Santa Fe.

Baldwin, lead actor and co-producer of the western “Rust,” has pleaded not guilty to the charge and his lawyers have asked for his dismissal. They argued that prosecutors disregarded the rules of the grand jury process to divert attention from exculpatory evidence and witnesses. The involuntary manslaughter charge carries a maximum penalty of 1.5 years in prison.

During rehearsal, Baldwin was pointing a gun at cinematographer Halyna Hutchins when the gun went off, killing Hutchins and injuring Joel Souza, the director. Baldwin stated that he pulled the hammer on the gun, but not the trigger.

Baldwin’s motion to dismiss the indictment also argues that the grand jury received inaccurate and one-sided testimony about the gun involved in the fatal shooting.

The special prosecutors say they followed grand jury protocols and accuse Baldwin of “shameful” attempts to escape culpability, highlighting contradictions in his statements to authorities, workplace safety regulators and in a television interview. A jury trial is scheduled for July.

Prosecutors turned their full attention to Baldwin after a judge in April sentenced movie weapons supervisor Hannah Gutierrez-Reed to the maximum 1.5 years in a state penitentiary for manslaughter in Hutchins’ death.

Prosecutors last year dismissed a previous involuntary manslaughter charge against Baldwin after being told that the gun he was holding may have been modified before the shooting and malfunctioned. A new analysis of the gun last year allowed prosecutors to restart the case.

The charge against Baldwin offers two possible standards for prosecutors to follow. One of them would be based on the negligent use of a firearm. An alternative is to prove beyond a reasonable doubt that Baldwin caused Hutchins’ death without “due caution” or “circumspection,” also defined as “an act committed with complete disregard or indifference for the safety of others.”

Defense attorneys also say prosecutors steered the grand jury away from the testimony of witnesses, including the film’s director, as well as assistant director and security coordinator Dave Halls and props master Sarah Zachry. Last year, Halls pleaded no contest to careless handling of a firearm and served a six-month sentence of unsupervised probation.

Gutierrez-Reed’s two-week trial gave Baldwin’s lawyers and the public an unusual window into how the actor’s trial could unfold.

Baldwin was prominent in depositions and closing arguments that highlighted his authority as co-producer and lead actor on “Rust.” Both the prosecution and defense in Gutierrez-Reed’s trial dissected video footage of Baldwin before the fatal shooting for clues about firearm safety lapses.

Prosecutors said Gutierrez-Reed unwittingly brought live ammunition onto the set of “Rust,” where it was expressly prohibited, and failed to follow basic gun safety protocols.

Gutierrez-Reed is appealing the conviction, decided by a jury in March, to a higher court, but has not yet presented detailed arguments. At sentencing, Gutierrez-Reed told the judge that he tried to do his best on set despite not having “adequate time, resources and personnel.”

After filming in New Mexico, filming on “Rust” resumed, but in Montana, under an agreement with Hutchins’ husband, Matthew Hutchins, who made him an executive producer. A wrongful death lawsuit in civil court brought by Matthew Hutchins and the Hutchins’ son was settled on undisclosed terms.

Defense attorneys say Baldwin was offered a deal last year to plead to a “minor offense” before a grand jury was convened, but the offer was “inexplicably withdrawn” before the response deadline.