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Alec Baldwin, 66, WILL go to trial after judge denied a motion to dismiss actor's involuntary manslaughter case following death of cinematographer Halyna Hutchins on Rust set
Alec Baldwin's trial for involuntary manslaughter in the death of cinematographer Halyna Hutchins will take place in July after a judge denied a motion to dismiss the case on Friday.
The 30 Rock star, 66 - who was recently seen with his one-year-old granddaughter Holland - is facing a maximum sentence of 18 months in prison if found guilty of manslaughter.
Judge Mary Marlowe Sommer in New Mexico rejected arguments made by the star's lawyers, Luke Nikas and Alex Spiro, according to Variety.
In a statement following the judge's decision, Baldwin's attorneys expressed, 'We look forward to our day in court.'
Sommer listened to arguments from both Alec's lawyers as well as prosecutors in court earlier this month on May 17 in Sante Fe, per NBC News.
Alec Baldwin's, 66, trial for involuntary manslaughter in the death of cinematographer Halyna Hutchins will take place in July after a judge denied a motion to dismiss the case on Friday; seen in February in NYC
One prosecutor, Kari Morrissey, stated that 'the actor has responsibility for the firearms once it is in their hands.'
However, Baldwin's lawyers argued that Morrissey did not provide important evidence to the grand jury earlier this year in January and defense witnesses were not available.
The judge stated in her ruling, per Variety, that Kari shared a letter to the grand jurors from the 'defense verbatim' but explained they made the choice to not 'follow up' on the letter.
'The Court is not in a position to second-guess the grand jury's decision in this regard,' Sommer expressed.
The judge later also added, 'Although the State deferred certain questions, in many other instances the grand jurors asked probative questions, and received complete answers from witnesses.'
In October 2021, Hutchins was fatally shot on the set of Rust, while the director of the film, Joel Souza, was injured.
Alec has plead not guilty ahead of the trial, and has also denied that he pulled the trigger on the gun and denied that it was his responsibility to make sure the gun was safe.
Last month in April, Rust armorer Hannah Gutierrez-Reed was sentenced 18 months in prison for involuntary manslaughter of Halyna Hutchins.
The 30 Rock star is facing a maximum sentence of 18 months in prison if found guilty of manslaughter; Hutchins seen in 2021
Judge Mary Marlowe Sommer in New Mexico rejected arguments made by the star's lawyers, Luke Nikas and Alex Spiro, according to Variety; seen on set of Rust
Shortly after, an expert warned that her sentence was 'a bad sign' for the actor as his trial date approaches.
Alec had been offered a plea deal last year that would have seen him serve no jail time in connection with the manslaughter of Hutchins.
Variety reported in March that the actor could decide whether to accept the terms, prosecutors pulled the offer and said they would be indicting him.
In a filing seen by the outlet, prosecutor Kari Morrissey offered 'a plea deal identical to the petty misdemeanor deal accepted by Dave Halls.
The filing stated that the offer was made on October 5 and Baldwin was given until October 27 to decide, but prosecutors rescinded the offer on October 17.
Halls, the first assistant director on Rust, did not serve prison time after pleading to a count of negligent handling of a deadly weapon.
He was given six months of unsupervised probation, a $500 fine, 24 hours of community service and ordered to take a firearm safety class.
Baldwin's lawyers have accused the prosecutors in the case of a list of abuses and are looking to have case dismissed.
Variety reported that his lawyers claim that Morrissey repeatedly leaked confidential information about the grand jury proceedings to an NBC reporter.
In November, lawyers representing the actor filed a motion for sanctions over that issue, and asked to have Morrisey and her co-counsel removed from the case. They also sought to have monetary penalties imposed against Morrissey over her alleged misconduct.
Last month in April, Rust armorer Hannah Gutierrez-Reed was sentenced 18 months in prison for involuntary manslaughter of Halyna Hutchins; Gutierrez-Reed seen in 2021
Shortly after, an expert warned that her sentence was 'a bad sign' for the actor as his trial date approaches; seen in March 2023 in NYC
At a hearing on November 15, the judge overseeing the case admonished the parties not to disclose anything about the grand jury proceedings.
The judge also postponed the grand jury proceeding from November to January to allow more time to review material the defense wanted to present.
Attorney's for Baldwin allege that within an hour of the hearing, Morrissey then called the NBC reporter to relay the scheduling update.
NBC reported that same day that the grand jury proceeding had been postponed, citing an 'unnamed source.'
In a filing in March, Baldwin and his attorney Alex Spiro also claimed that the prosecutors rigged the jury process in the case.
They argued that the grand jury process was rigged by the Santa Fe County D.A.'s office, alleging that they added 7 witnesses who were biased.
It is also alleged that the FBI tested the pistol used in the fatal scene that killed Hutchins, and that the DA failed to present all the evidence from the testing.
The documents allege that the testing showed that the revolver did fire without the trigger being pulled when fully loaded, just as they were on the day of the tragedy.
During the trial of Hannah Gutierrez-Reed earlier this year, agent Bryce Ziegler said he had to break the gun with a mallet to get it to fire without using the trigger.
In a filing in March, Baldwin and his attorney Alex Spiro also claimed that the prosecutors rigged the jury process in the case; seen in March in NYC
Ziegler, appearing for the prosecution, said that couldn't have happened on the set of Rust because the gun was in working order when it came to him.
His analysis contradicts claims by Baldwin that he only pulled back the hammer on the vintage-looking pistol.
During the trial of Gutierrez-Reed, prosecutors painted a damning portrait of a film that was in a state of 'rushed chaos.'
The night before the incident, six members of the camera crew quit because of their concerns over safety.
The jury heard that Baldwin commissioned director Souza to write the script, which he owned the rights to. Baldwin was the lead actor on the movie and was also a producer.
The criminal case is not the only court proceedings resulting from the shooting of Hutchins. In 2022, Baldwin settled a civil lawsuit filed against him by Matthew Hutchins, the widow of Hutchins, and the father of their son; seen in 2021 in NYC
Bowles called Gutierrez-Reed, who was just 24 at the time of the incident, a 'scapegoat' for wider failings that led the New Mexico safety regulator to issue a $136,000 fine to the producers for 'willful and serious' safety failings.
Bowles told the court that Baldwin himself made the set unsafe by waving his gun like a 'pointing stick' at people.
The criminal case is not the only court proceedings resulting from the shooting of Hutchins. In 2022, Baldwin settled a civil lawsuit filed against him by Matthew Hutchins, the widow of Hutchins, and the father of their son.
Under the terms Rust continued production at a new location in Montana and Matthew Hutchins, who has called his wife's death a 'terrible accident,' is an executive producer. No date has yet been set for the film's release.