In a significant development, a New Mexico judge has denied Alec Baldwin’s motion to dismiss the involuntary manslaughter charge related to the fatal shooting of cinematographer Halyna Hutchins on the set of the movie Rust. Judge Mary Marlowe Sommer ruled on Friday that the case had been properly presented to a grand jury, increasing the likelihood that Baldwin‘s trial will proceed this summer. Baldwin‘s lawyers have raised multiple objections to the prosecution’s handling of the case. The incident occurred in 2021 when Baldwin, while rehearsing with an old-fashioned revolver, unintentionally discharged a live bullet that tragically killed Hutchins. Baldwin’s defense team argued that the prosecution failed to present crucial evidence to the grand jury, which could have supported Baldwin‘s case. They claimed the prosecution “steered grand jurors away” from witnesses who would testify that it wasn’t Baldwin’s responsibility to ensure the gun was safe to handle.
However, in her written order, Judge Marlowe Sommer confirmed that the prosecution acted in good faith and that the grand jury had been properly informed of the defence’s evidence and witnesses, even though they chose not to consider them. “The court is not in a position to second-guess the grand jury’s decision in this regard,” she wrote.
The judge’s ruling went into the specifics of New Mexico’s grand jury procedure, where the defense cannot call witnesses during the presentation of a case. Instead, they can submit a letter to prosecutors, including any exculpatory evidence and favourable witnesses. Since the shooting on October 21, 2021, Baldwin has consistently claimed he is not responsible for Hutchins’s death, arguing that he had no reason to suspect the gun contained live ammunition, which was prohibited on the set of Rust. Baldwin has also stated he did not pull the trigger, contending the gun discharged when he pulled back the hammer and let it go.
Baldwin’s Defense Says He Had No Reason to Believe the Gun Was Loaded
Despite Baldwin’s efforts to dismiss the indictment, including a motion arguing that the gun was damaged during FBI testing, Judge Marlowe Sommer has yet to rule on other defense motions. Baldwin‘s defense also pointed to the conviction of Gutierrez-Reed, the film’s armorer, who was sentenced to 18 months in prison for involuntary manslaughter. They argued Baldwin had no reason to believe the gun was loaded with live rounds, citing industry standards that live ammunition should never be on a film set.
Prosecutors have countered that Baldwin ignored significant safety protocols on the day of the shooting, declining to participate in the armorer’s safety check and handling the gun inappropriately during the rehearsal.“He violated decades-old gun safety and set safety standards by pointing the gun at a person, cocking it, and pulling the trigger,” Kari T. Morrissey, prosecutor, wrote.
As it stands, Baldwin’s trial is set to begin in July, with the denial of his dismissal motion marking a crucial step toward a resolution in this high-profile case.
via Collider