Actor Alec Baldwin is apparently not out of the woods yet regarding the shooting death of a cinematographer on the set of his film “Rust” in 2021.
Baldwin may still face involuntary manslaughter charges in connection with the on-set shooting that left cinematographer Halyna Hutchins dead and injured director Joel Souza, The Daily Wire reported.
According to two sources who spoke to NBC News, prosecutors in New Mexico are preparing to re-charge the 65-year-old- actor after they previously dropped criminal charges against him, claiming they have uncovered “new facts” in the case. In addition, the sources say that the case may be brought before a grand jury by the middle of next month.
“We believe that based on our lengthy and detailed investigation it is appropriate for a grand jury in New Mexico to make a decision on whether the case should proceed,” one of the prosecutors, Kari T. Morrissey, told The New York Times.
After they dropped charges earlier this year, prosecutors noted: “This decision does not absolve Mr. Baldwin of criminal culpability, and charges may be refiled.”
“The gun and broken sear have been sent to the state’s independent expert for further testing,” the prosecutor’s office said at the time. “The charges against Alec Baldwin were dismissed without prejudice because a possible malfunction of the gun significantly affects causation with regard to Baldwin, not with regard to Gutierrez. If it is determined that the gun did not malfunction, charges against Mr. Baldwin will proceed.”
The incident occurred on the New Mexico set of the film in October 2021. Reports noted that the gun that Baldwin was holding discharged a round; he has maintained there was “no trigger pull.”
Prosecutors in New Mexico brought in gun analysts Lucien Haag and Mike Haag in their case against “Rust” armorer Hannah Gutierrez-Reed to try and determine if the gun had malfunctioned.
“Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver,” the analysts noted.
The Santa Fe District Attorney’s Office charged Baldwin in January 2023 with two counts of involuntary manslaughter, but the charges were dismissed without prejudice in April.
“We are pleased with the decision to dismiss the case against Alec Baldwin and encourage a proper investigation into the facts and circumstances of this tragic incident,” his attorneys said at the time.
In January 2023, The Santa Fe County District Attorney’s Office charged Baldwin with two counts of involuntary manslaughter. The charges were dismissed without prejudice in April. Gutierrez-Reed, however, was also charged with involuntary manslaughter and she is expected to plead not guilty, according to NBC News. Her trial is set to begin in February 2024.
“Over the last few days and in preparation for a May 3, 2023, preliminary hearing, new facts were revealed that demand further investigation and forensic analysis in the case against Alexander ‘Alec’ Rae Baldwin, III,” the prosecutors said earlier this year.
“Consequently, we cannot proceed under the current time constraints and on the facts and evidence turned over by law enforcement in its existing form,” the pair added.
The charges are only being dismissed by the prosecutors so that they can “conduct further investigation.”
Variety reported:
Baldwin’s lawyers recently presented evidence to the prosecutors that influenced the decision to drop the charges, according to a source familiar with the process. The evidence indicated that the Colt .45 had been modified prior to the shooting, making it more difficult for the D.A. to prove that Baldwin actually did pull the trigger.
The D.A. will drop the charges “without prejudice,” meaning that the case could be refiled later, perhaps with a lesser charge. In the statement, Morrissey and Lewis said that as they were preparing for a preliminary hearing over the last few days, “new facts were revealed that demand further investigation and forensic analysis.”
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