Alec Baldwin’s request for the “biggest gun available” for the filming of “Rust” in 2021 has come under scrutiny, according to new documents obtained by Fox News Digital. Special prosecutors Kari T. Morrisey and Erlinda O. Johnson presented evidence in New Mexico courts this week, alleging that Baldwin exhibited “erratic and aggressive behavior” during the production of “Rust.” They also accused him of “reckless behavior” concerning firearm use on set.
Baldwin’s legal team responded with a motion for relief, accusing state prosecutors of misconduct. They claimed that prosecutors disclosed “thousands of files” over a 10-week period while withholding documents that could potentially dismiss the indictment with prejudice.
Last month, Judge Mary Marlowe Sommer rejected Baldwin’s arguments regarding the grand jury process and denied his motion to dismiss the indictment. State prosecutors alleged that Baldwin “discharged the revolver after the filming was over and ‘cut’ was called,” violating safety rules for firearm handling on set. They also claimed Baldwin “shot several scenes with his finger on the trigger of the revolver,” even when the scene did not require shooting, and “rushed the armorer to reload and crew members to work faster.”
Baldwin was reportedly “inattentive during firearms training” conducted by Hannah Gutierrez Reed, distracted by texting and making videos for his family. He also allegedly engaged in horseplay with the revolver during training, using pull load blanks.
Hannah Gutierrez Reed, the “Rust” armorer, was convicted of involuntary manslaughter in March. She was found responsible for the gun that discharged a live bullet, killing cinematographer Halyna Hutchins. Gutierrez Reed received an 18-month sentence, the maximum for the charge.
Prosecutors claimed Baldwin “displayed erratic and aggressive behavior” on set, creating potential safety concerns. They alleged he pointed and fired a blank round at a crew member, using them as a perceived target. Photographs showing Baldwin manipulating his weapon minutes before the fatal shooting of Hutchins may be used as evidence. In one video, Baldwin “cocks the gun despite not being asked to,” and there is evidence he also pulled the trigger.
Baldwin’s team argued that the state has a “pattern of withholding information,” which began at the outset of the investigation. They claimed the state disclosed thousands of files, including over 150,000 pages of documents and gigabytes of data, many containing critical evidence favorable to Baldwin’s defense.
Baldwin was indicted on two counts of involuntary manslaughter and negligent use of a firearm on January 19. Hutchins died on October 21, 2021, after a gun Baldwin was holding discharged on the set. Baldwin skipped a May 17 hearing after waiving all pre-trial appearances. He is expected in court next month for a nearly two-week trial and could face up to 18 months in prison if convicted.
Earlier this month, Baldwin announced a new reality TV show featuring his family, set to premiere in 2025. Tentatively called “The Baldwins,” the show will showcase life at home with seven children under the age of 10. Baldwin and his wife Hilaria will celebrate their 12th wedding anniversary at the end of the month. The couple lives in Manhattan and listed their Hamptons estate for $18 million earlier this year after Baldwin’s indictment.
A series of videos obtained by NBC News shows Baldwin handling a prop gun and interacting with crew members while filming “Rust.” The footage, recorded days before the fatal shooting, shows Baldwin preparing for scenes, firing guns, and acting in character. In some videos, he rearranges crew members for safety concerns.
Special prosecutors in New Mexico were scheduled to convene a grand jury to consider recharging Baldwin with involuntary manslaughter. However, the judge rescheduled it during a teleconference hearing. The videos are among dozens requested from Rust Movie Productions LLC, which were not received until October. Prosecutors announced their intention to re-charge Baldwin on October 17.
In one video, Baldwin is seen lying on the ground holding a prop gun, telling someone to move to the “other side of the camera” for safety. In another, he asks for a blanket to be placed next to him off-camera. During a scene, he tosses his gun aside, using the blanket as a landing pad. Other videos show Baldwin in character, repeatedly firing a prop gun and urging the crew to reload quickly.
Baldwin’s attorneys did not immediately respond to requests for comment. In a statement, they called the prosecution “misguided” and said they would answer any charges in court. NBC News learned that Baldwin and the special prosecutors had discussed a plea deal, which was rescinded before the announcement.
Prosecutors have not publicly disclosed new evidence obtained during their investigation. However, a source familiar with the case said they hope the trial will “humble” Baldwin, citing his public comments and run-ins with paparazzi. The move to bring potential charges before a grand jury follows the dismissal of the involuntary manslaughter charge against Baldwin in April.
Baldwin has maintained in interviews that he did not pull the trigger and that the gun was declared “cold” by assistant director Dave Halls. Halls pleaded no contest to a misdemeanor charge of negligent use of a deadly weapon and will serve six months of unsupervised probation. The film’s armorer, Hannah Gutierrez-Reed, was charged with involuntary manslaughter and her trial is set to begin in February. She has pleaded not guilty.
