A New Mexico judge has denied actor Alec Baldwin’s latest attempt to dismiss a charge of involuntary manslaughter for the 2021 fatal shooting on the set of “Rust,” keeping the case on track to go to trial early next month.
Judge Mary Marlowe Sommer sided with prosecutors, rejecting Baldwin’s attempt to drop the charge because of gun evidence, the Associated Press reported.
Baldwin’s defense attorneys argued that the gun responsible for the shooting was damaged during FBI forensic testing before it could be examined for possible modifications or problems that could help Baldwin’s case.
The judge’s ruling clears the way for prosecutors to take the case to a grand jury, which is scheduled to begin July 9 in Santa Fe, New Mexico, the AP said.
Lawyers plan to call a roster of witnesses, including Joel Souza, the Rust director who was also injured in the shooting, and Dave Halls, the assistant director who pleaded no contest to negligent use of a deadly weapon, among others.
Baldwin pointed the gun at Halyna Hutchins, director of photography, on the set of the film in 2021. The gun went off, killing her and injuring Souza.
The actor pleaded not guilty, arguing that he did not pull the trigger on the scenographic gun, which was loaded incorrectly.
The FBI accidentally broke the weapon during a test by hitting it from different angles with a hammer. Prosecutors will argue that the gun already worked properly and could not have fired without the trigger being pulled.
Hannah Gutierrez-Reed, the film’s gunsmith, is serving an 18-month sentence after being convicted of manslaughter. She was convicted in April.
Charges against Baldwin were filed and dropped last year after prosecutors learned of new evidence. Prosecutors filed charges again last fall.
Hutchins’ family sued Baldwin in civil court last year. He had already settled a lawsuit with her husband.
The film resumed filming in Montana last year and is expected to be released in 2024 or later, Yahoo Entertainment reported.
This story originally appeared on thehill.com read the full story
