Just over six months after criminal charges were dropped against Alec Baldwin for the 2021 killing of Rust cinematographer Halyna Hutchins, new involuntary manslaughter claims could be put before a grand jury in a matter of weeks.
“After extensive investigation over the past several months, additional facts have come to light that we believe show Mr. Baldwin has criminal culpability in the death of Halyna Hutchins and the shooting of Joel Souza,” said Special Prosecutors Kari Morrissey and Jason Lewis today of the tragedy on the New Mexico set of the Indie Western on October 21 two years ago.
“We believe the appropriate course of action is to permit a panel of New Mexico citizens to determine from here whether Mr. Baldwin should be held over for criminal trial,” the duo added Tuesday. Earlier this month, the special prosecutors accused Baldwin and Rust producers of obstructing the investigation into what really happened that fatal day on the Bonanza Creek Ranch set in the Land of Enchantment.
While a blow to Baldwin, who has always insisted he never pulled the trigger on the gun that killed Hutchins and injured Rust director Joel Souza, the haunting possibility of refiled charges was never far from a reality. Though Baldwin saw criminal charges against him in the death of Hutchins dropped in April, the newly minted special prosecutors in the case never ruled out refiling manslaughter or other claims against him if more evidence came in — which sounds like what has happened now.
“It is unfortunate that a terrible tragedy has been turned into this misguided prosecution,” stated Baldwin’s lawyers Luke Nikas and Alex Spiro of Quinn Emanuel today. “We will answer any charges in court.”
With both FBI and independent weapons examiners disputing the multi-Emmy winner’s contention he did not pull the trigger on the replica 1873 revolver, it may prove hard to achieve the result Baldwin and his NYC attorneys desire.
“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,” declared the damning special prosecutors report commissioned August 2 from Lucien Haag and Michael Haag.
At present, only former Rust armorer Hannah Gutierrez-Reed is facing charges. Likely similar to Baldwin if he is recharged, Reed is facing a maximum of 18 months behind bars and around $5,000 in fines if a jury finds her guilty verdict on the current charges. Looking at the involuntary manslaughter claims plus evidence tampering charges, Reed has pleaded not guilty.
Reed’s case is currently scheduled to go to trial in February — a timetable that could change if Baldwin is recharged.
Today’s shift in the Rust case comes a week after a pivotal ruling on Rust producers’ efforts to quash a subpoena went against Baldwin.
On October 10, New Mexico Judge Mary Marlowe Sommer ruled Rust Movie Productions and Baldwin’s El Dorado Pictures have to hand over to the special prosecutors internal documents fully detailing the actor’s producer role on the film. Centering on what Baldwin stood to gain financially in his producer role, Morrissey and Lewis want to know how much Baldwin knew of cost cutting, safety concerns and crew anxiety about conditions and pay.
Without Reed on the crew, a resurrected Rust finished filming in Montana this spring and is currently out on the international market looking for buyers. Which means Rust could be released as the criminal case starts up again for Baldwin and various civil trials continue through the courts in California and New Mexico.
Must Read Stories
Subscribe to Deadline Breaking News Alerts and keep your inbox happy.