Defense attorneys for Alec Baldwin, who accidentally shot and killed a cinematographer on the set of the Western movie “Rust,” have asked for the grand jury indictment against the actor to be dismissed.
Halyna Hutchins died in October 2021 after a prop gun on the set misfired at a movie set on the outskirts of Santa Fe. Ms. Hutchins was shot in the chest, while director Joel Souza was also injured.
A subsequent indictment was issued against Mr. Baldwin, charging him with involuntary manslaughter, to which he pleaded not guilty.
Mr. Baldwin’s attorneys said in a new court filing that prosecutors stacked unfair charges against him that effectively drew attention away from witness testimonies and evidence that would exonerate him, including from Mr. Souza as well as safety coordinator Dave Halls and props master Sarah Zachry.
The defense attorneys argued that prosecutors failed to call a witness who would have testified that Mr. Baldwin’s role as producer was purely for creative purposes and he had no role in enforcing safety protocols or hiring a crew.
“The grand jury did not receive the favorable or exculpatory testimony and documents that the state had an obligation to present. Nor was the grand jury told it had a right to review and the obligation to request this information,” according to the court motion signed by defense attorney Luke Nikas.
The motion also alleges the grand jury received incomplete and arbitrary testimony about the prop firearm used by Mr. Baldwin on the set during the accident.
In a separate trial, the charges against “Rust” armorer Hannah Gutierrez-Reed initiated in January last year included two counts of involuntary manslaughter.
In February 2023, the court dropped the firearm enhancement charge against her and Mr. Baldwin. However, Ms. Gutierrez-Reed was convicted of involuntary manslaughter earlier this month.
During the two-week-long trial, prosecutors argued that Ms. Gutierrez-Reed inadvertently brought live ammunition onto the set of the movie, despite this being explicitly prohibited, in addition to failing to adhere to basic gun safety protocols.
She is now being held without bond pending a sentencing hearing in April. The involuntary manslaughter charge against her and Mr. Baldwin carries a sentence of up to 18 months in prison, in addition to a $5,000 fine.
Ms. Hutchins was killed when Mr Baldwin pointed a Colt. 45 prop revolver towards her during the filming of the movie; however, Mr. Baldwin sticks firm with his assertion that he pulled back the gun’s hammer but not the trigger.
The first involuntary manslaughter charge against Mr. Baldwin was dismissed three months after the initial indictment in January 2023, after his attorneys presented evidence the revolver Mr. Baldwin was using had been modified and could fire without the trigger being pulled.
Safety coordinator Mr. Halls pleaded no contest to negligent handling of a firearm last year. He has since completed a sentence of six months of unsupervised probation.
Special prosecutor Kari Morrissey was given 14 days to respond to the motion to dismiss the charges against Mr. Baldwin, whose trial is scheduled for July 10 in New Mexico.
Reuters contributed to this article.
