Alec Baldwin has requested the dismissal of a grand jury indictment against him, and a New Mexico judge is currently reviewing this request. The court hearing to address this matter is set to take place on Friday in Santa Fe.
Baldwin was indicted in January for involuntary manslaughter in the tragic shooting of cinematographer Halyna Hutchins on October 21, 2021, at a movie ranch near Santa Fe.
Baldwin, an accomplished actor and co-producer of the Western film “Rust,” has entered a plea of not guilty to the charge. His legal team is strongly advocating for dismissal, asserting that the prosecutors violated the guidelines governing grand jury proceedings in an attempt to divert focus from evidence and witnesses that could potentially clear Baldwin’s name. If convicted, the charge of involuntary manslaughter could result in a maximum prison sentence of 1.5 years.
During the rehearsal, Baldwin unintentionally fired a shot from the gun he was holding, resulting in the tragic death of cinematographer Halyna Hutchins and the injury of director Joel Souza. Baldwin has consistently stated that he pulled back the gun’s hammer, but did not pull the trigger.
Baldwin’s motion to dismiss the indictment asserts that the grand jury was presented with biased and inaccurate testimony regarding the revolver used in the tragic shooting.
Special prosecutors have accused Baldwin of attempting to escape culpability, describing his actions as “shameless.” They argue that they followed grand jury protocols and point out inconsistencies in his statements to law enforcement, workplace safety regulators, and during a televised interview. A jury trial has been scheduled for July.
After Hannah Gutierrez-Reed, a movie weapons supervisor, was sentenced to the maximum of 1.5 years at a state penitentiary for the involuntary manslaughter of Halyna Hutchins, prosecutors focused their investigation on Alec Baldwin.
Last year, prosecutors dropped a previous charge of involuntary manslaughter against Baldwin when they were informed that the gun he was holding could have been altered before the shooting, potentially leading to a malfunction. However, a recent analysis of the gun has allowed prosecutors to revive the case.
The indictment against Baldwin presents two potential avenues for prosecutors to pursue. The first involves the negligent use of a firearm, while the second requires proving beyond a reasonable doubt that Baldwin caused Hutchins’ death without exercising “due caution” or “circumspection.” These terms refer to an act committed with complete disregard or indifference towards the safety of others.
According to defense attorneys, the prosecutors deliberately avoided seeking testimony from key witnesses, including the film’s director, assistant director, and safety coordinator Dave Halls, as well as props master Sarah Zachry. It is worth noting that Halls had previously pleaded no contest to negligent handling of a firearm and served a six-month sentence of unsupervised probation.
During the two-week trial of Gutierrez-Reed, attorneys representing Baldwin and the general public gained a unique and valuable insight into how the actor’s own trial might proceed.
Baldwin played a significant role in the trial, with both the prosecution and defense emphasizing his position as a co-producer and lead actor on the film “Rust.” They closely examined video footage of Baldwin prior to the tragic shooting, searching for any indications of lapses in firearm safety.
Gutierrez-Reed unintentionally brought live ammunition onto the set of “Rust,” despite the clear prohibition, and neglected to adhere to fundamental gun safety protocols, according to prosecutors.
Gutierrez-Reed is currently appealing her conviction, which was handed down by a jury in March, to a higher court. However, she has not yet submitted detailed arguments. During her sentencing, Gutierrez-Reed expressed to the judge that she made an effort to perform her best on the set, despite lacking sufficient time, resources, and staff.
Following the shooting incident in New Mexico, production for the film “Rust” was able to resume in Montana. This was made possible through an agreement with Matthew Hutchins, the husband of the late Helena Hutchins, who also became an executive producer as part of the arrangement. Subsequently, a wrongful death lawsuit filed by Matthew Hutchins and their son was resolved through a confidential settlement.
According to defense attorneys, Baldwin had received an offer last year to plead guilty to a “minor offense” prior to the formation of a grand jury. However, the offer was unexpectedly withdrawn before the deadline for a response.
