Alec Baldwin faced another legal setback on Friday when a judge rejected his motion to dismiss the involuntary manslaughter charges against him, despite the FBI damaging a key piece of evidence: the firearm involved in the fatal shooting on the set of his film “Rust.” The incident, which occurred in 2021, resulted in the death of cinematographer Halyna Hutchins and injured director Joel Souza.
Judge Mary Marlowe Sommer ruled that Baldwin will face trial on July 9 in Santa Fe, New Mexico. Baldwin’s defense team had argued that the FBI’s testing of the gun, which Baldwin claims malfunctioned, rendered it unexaminable and thus deprived them of the ability to prove the weapon had a defect. Baldwin’s attorney, Josh Bash, described the situation as “outrageous” and called for the case’s dismissal, arguing that the FBI knew the gun would be destroyed during testing and did nothing to preserve it for the defense.
Despite these arguments, Judge Sommer denied the motion to dismiss. She noted that a jury would ultimately decide whether Baldwin had a “criminally negligent state of mind” at the time of the incident. Baldwin, who was re-indicted in January after initial charges were dismissed in 2023, has faced significant public backlash and legal challenges since the shooting. In addition to the criminal charges, Baldwin is also facing a civil lawsuit for Hutchins’ death.
The film’s armorer, Hannah Gutierrez-Reed, has already been sentenced to 18 months in prison for her role in the incident. Baldwin’s trial is expected to feature testimony from a court-approved list of over 60 witnesses, including film director Joel Souza, assistant director Dave Halls, and various first responders, investigators, and firearms experts. Baldwin himself is not listed as a witness but has the right to testify.
During a rehearsal on the set of “Rust,” Baldwin pointed a gun at Hutchins when it discharged, killing her and injuring Souza. Baldwin has maintained that he pulled back the gun’s hammer but did not pull the trigger. The FBI conducted an accidental discharge test on the gun by striking it with a rawhide mallet, which eventually broke the firearm. Prosecutors plan to present evidence at trial showing that the firearm “could not have fired absent a pull of the trigger” and was functioning properly before the shooting.
Baldwin’s defense team argued that the FBI’s decision to proceed with the destructive testing of the gun without first disassembling and photographing its parts eliminated their most critical evidence. They urged the judge to prohibit a jury from viewing an analysis of the reconstructed gun. However, prosecutors contended that the gun was not entirely destroyed and that its parts are still available for examination. They argued that Baldwin’s attorneys still have ample evidence to defend their client and question the evidence against him.
In her ruling, Judge Sommer stated that the destruction of the firearm’s internal components was “not highly prejudicial” to a fair trial and that Baldwin’s legal team failed to demonstrate bad faith by investigators. She also noted that other evidence concerning the functionality of the firearm on the day of the shooting weighs against Baldwin’s assertions.
The FBI initially sent the revolver for routine testing but decided to conduct an accidental discharge test after hearing Baldwin claim in an ABC TV interview that he never pulled the trigger. The FBI was aware that the test could damage the gun but proceeded with it anyway, resulting in the firearm breaking into three pieces. Baldwin’s lawyers argued that this decision destroyed potentially exculpatory evidence, but prosecutors maintained that the defense still has sufficient evidence to work with at trial.
Special prosecutor Erlinda Ocampo Johnson told the court that all available evidence, including witness testimony and video footage of Baldwin firing the revolver, showed that the gun was in good working order on the day of the shooting. She added that police had no reason to believe the gun’s internal workings could provide exonerating evidence.
Since the 2021 shooting, the filming of “Rust” has resumed in Montana under an agreement with Hutchins’ husband, Matthew Hutchins, who is now an executive producer on the film. The completed movie has not yet been released for public viewing.
Baldwin has pleaded not guilty to the involuntary manslaughter charge, which carries a maximum sentence of 18 months in prison. The trial is expected to be a high-profile event, with Baldwin appearing in person. The judge’s ruling on Friday removes one of the last hurdles before the case goes to trial, setting the stage for a legal battle that will scrutinize the events leading up to the tragic shooting.
Source: BBC, Associated Press
