Judge considers dismissing charges against Alec Baldwin in fatal shooting of cameraman

SANTA FE, N.M. (AP) — A New Mexico judge will consider Alec Baldwin’s request to dismiss a grand jury indictment against him during a scheduled court hearing Friday.

The January indictment charged Baldwin with involuntary manslaughter in the fatal shooting of cameraman Halyna Hutchins on Oct. 21, 2021, at a film ranch on the outskirts of Santa Fe.

Baldwin, a leading actor and co-producer of the Western “Rust,” has pleaded not guilty to the charges and his lawyers have urged his dismissal. They have argued that prosecutors have ignored the rules of grand jury proceedings 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 pointed a gun at cinematographer Halyna Hutchins when the revolver went off, killing Hutchins and wounding Joel Souza, the director. Baldwin has maintained that he pulled back the gun’s hammer, but not the trigger.

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

Special prosecutors say they followed grand jury protocols and accuse Baldwin of “blatant” attempts to escape culpability, highlighting contradictions in his statements to law enforcement, to 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 Hannah Gutierrez-Reed, a movie weapons supervisor, to a maximum of 1.5 years in a state prison for involuntary manslaughter in Hutchins’ death.

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

The indictment against Baldwin offers two possible standards for prosecutors to pursue. One of them would be based on the careless 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 total disregard or indifference to the safety of others.”

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

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

Baldwin featured prominently in testimonials and closing arguments that emphasized his authority as co-producer and lead actor in “Rust.” Both the prosecution and defense in the Gutierrez-Reed trial parsed video footage of Baldwin before the fatal shooting for clues about firearm safety malfunctions.

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

Gutierrez-Reed will appeal the conviction, decided by a jury in March, to a higher court, but has not yet submitted detailed arguments. At sentencing, Gutierrez-Reed told the judge she tried to do her best on set despite not having “the proper time, resources and staff.”

After shooting in New Mexico, filming of “Rust” resumed, but in Montana, under an agreement with Hutchins’ husband, Matthew Hutchins, that made him executive producer. A wrongful death lawsuit in civil court by Matthew Hutchins and the Hutchins’ son was settled under 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 deadline to respond.

Morgan Lee, The Associated Press