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Alec Baldwin charges to be dropped in fatal ‘Rust’ shooting, lawyers say

  • April 21, 2023
  • Hollywood

Alec Baldwin in the 2021 shooting death of cinematographer Halyna Hutchins on the set of the film “Rust” have been dropped. 

Baldwin’s attorneys, Luke Nikas and Alex Spiro, confirmed to USA TODAY in a statement Thursday that prosecutors in New Mexico plan to drop an involuntary manslaughter charge against the actor, who was holding the prop gun that killed Hutchins. 

“We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident,” the statement says.

Heather Brewer, a spokeswoman for the Santa Fe district attorney’s office, declined to comment to The Associated Press on the status of the criminal charges against Baldwin and weapons supervisor Hannah Gutierrez-Reed when reached by telephone Thursday. It wasn’t clear whether Baldwin’s charges could be refiled.

after prop gun shooting death of Halyna Hutchins

In a statement to USA TODAY Thursday, her attorneys say the “truth about what happened will come out and the questions that we have long sought answers for will be answered.” 

“We fully expect at the end of this process that Hannah will also be exonerated,” Jason Bowles and Todd Bullion say. 

Halyna Hutchins’ parents, sister over ‘Rust’ shooting

Legal experts weigh in: ‘Dropping the case doesn’t mean they can’t refile in the future’ 

Criminal charges against Baldwin were “always going to be more difficult to pursue” than those against Gutierrez-Reed, Spaulding told USA TODAY. 

“Ultimately, it’s the armorer’s job to ensure that there are no live bullets in the gun,” he says. “The actor has the legal right to assume that the armorer did their job.” 

Baldwin was pointing a pistol at Hutchins during a rehearsal for the Western film in October 2021 when the gun went off, killing Hutchins and wounding director Joel Souza. Baldwin, also a producer on the film, claimed the gun went off accidentally and that he did not pull the trigger. An FBI forensic report found the weapon could not have been fired unless the trigger was pulled.

The case against Baldwin had already been diminishing. A weapons charge that would have meant a much longer sentence had already been dismissed, and the first special prosecutor in the case resigned.

However, Baldwin’s legal troubles may not be behind him just yet, says personal injury attorney Miguel Custodio, who does not represent the parties in this case.

“Dropping the case doesn’t mean they can’t refile in the future,” Custodio told USA TODAY. “Gutierrez-Reed is still charged, and it’s possible (prosecutors) want to wait to see what they can learn from that case, analyze it and decide whether to go forward against Baldwin.” 

‘Rust’ announces new plans for Alec Baldwin movie, documentary on late Halyna Hutchins

‘Rust’ to resume filming

When word of the dismissal came, Baldwin was at Yellowstone Film Ranch on the set of a rebooted “Rust” production. Preparations for filming were underway Thursday at its new location in Montana, 18 months after Hutchins’ death shut it down, a representative for Rust Movie Productions said.

The production company finalized a settlement last month with New Mexico workplace safety regulators over “serious” violations, agreeing to a $100,000 fine to resolve a scathing safety review that detailed unheeded complaints and misfires on set before Hutchins was shot and killed.

Plans to resume filming were outlined last year by the cinematographer’s widower Matthew Hutchins in a proposed settlement to a wrongful death lawsuit that would make him an executive producer. Souza has said he will return to directing “Rust” production to honor Halyna’s legacy.

Despite the settlement, attorneys for the Hutchins family said they welcomed the criminal charges against Baldwin when they were filed. They had no immediate comment to AP on the pending dismissal Thursday.

Tre Lovell, a Los Angeles-based entertainment and corporate lawyer, says dropping the criminal charges against Baldwin is a “huge weight off of the entertainment industry’s shoulders.” 

This “will allow Hollywood to learn from the tragic and horrible accident in a way that drastically makes movie sets safer, but also keeps the structure of the movie world intact,” Lovell told USA TODAY. 

in ‘Rust’ shooting case

Contributing: Marco della Cava, USA TODAY; Morgan Lee and Andrew Dalton, The Associated Press

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