Alec Baldwin‘s charges in the fatal prop gun shooting of cinematographer Halyna Hutchins on the set of the film “Rust” have been dropped. So what happens next?
New Mexico prosecutors were pursuing involuntary manslaughter charges against the actor and the film’s weapons supervisor, Hannah Gutierrez-Reed. Both pleaded not guilty.
Prosecutors filed a nolle prosequi Friday dismissing without prejudice the criminal case against Baldwin, noting that “new facts were revealed that demand further investigation and forensic analysis which cannot be completed before the May 3, 2023 preliminary hearing.” An investigation into the case remains “active and on-going,” prosecutors added.
Special prosecutors Kari T. Morrissey and Jason J. Lewis elaborated on their decision in a statement to USA TODAY on Thursday, saying that their decision to drop the charges “does not absolve Mr. Baldwin of criminal culpability and charges may be refiled.”
Hannah Gutierrez-Reed’s charges remain unchanged, the attorneys added.
Baldwin’s attorneys, Luke Nikas and Alex Spiro, confirmed in a statement Thursday that Santa Fe prosecutors plan to drop the involuntary manslaughter charge.
“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,” Baldwin’s attorneys said.
Here’s where the case stands now, according to legal experts:
Why were charges against Alec Baldwin dropped?
Ted Spaulding, founder of Atlanta-based Spaulding Injury Law, said prosecutors dropped the charges probably because they “couldn’t prove enough elements of negligence or intent with Baldwin.”
“The criminal charges against Baldwin were always going to be more difficult to pursue than the charges against (armorer Hannah) Gutierrez-Reed because, ultimately, it’s the armorer’s job to ensure that there are no live bullets in the gun,” Spaulding said. “The actor has the legal right to assume that the armorer did their job.”
Spaulding does not represent the parties in this case.
Alec Baldwin charges to be dropped in fatal ‘Rust’ shooting, lawyers say
Will Alec Baldwin be recharged?
The prosecutors in the case said that’s possible and the case was still being investigated.
Los Angeles personal injury attorney Miguel Custodio said Gutierrez-Reed still faces charges, so prosecutors may be waiting to see how that case unfolds before proceeding with charges against Baldwin. Custodio does not represent Gutierrez-Reed.
“It’s possible they want to wait to see what they can learn from that case, analyze it and decide whether to go forward against Baldwin,” he said. “Baldwin still isn’t in the clear, considering he still insists he never pulled the trigger even though an FBI forensic analysis shows that’s the only way the gun could be fired.”
Baldwin was pointing a pistol at Hutchins during a rehearsal for the Western film in October 2021 when the gun discharged, killing Hutchins and wounding director Joel Souza. Baldwin, also a producer on the film, claimed that the gun fired 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 already had been diminishing. A weapons charge that would have meant a much longer sentence already had been dismissed, and the first special prosecutor in the case resigned.
Alec Baldwin faces new lawsuit from Halyna Hutchins’ parents, sister over ‘Rust’ shooting
Did prosecutors in ‘Rust’ case make the right call?
Yes, said Los Angeles entertainment and corporate attorney Tre Lovell, who added that an acquittal “would have been extremely likely” had prosecutors proceeded with the charges.
Lovell noted that dropping the charges is a “huge weight off” not only Baldwin but also the entertainment industry.
Baldwin’s prosecution “would have created precedence to hold actors and production personnel unrelated to set safety criminally responsible for accidents on set, which would have turned the world of moviemaking upside down,” he said.
Ultimately, Lovell said, safety procedures and reliance on safety experts on the set, among other things, would have changed, but “not for the better.”
Alec Baldwin pleads not guilty to involuntary manslaughter, waives first ‘Rust’ court appearance
Will Hannah Gutierrez-Reed’s charges also be dropped?
Probably not, Custodio said. After all, if prosecutors planned to drop her charges too, they would have done so along with Baldwin’s.
Gutierrez-Reed, the film’s armorer, was also charged with involuntary manslaughter, and prosecutors have argued the loaded gun was her responsibility.
Her attorneys, Jason Bowles and Todd Bullio, told USA TODAY in a statement Thursday that 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,” her attorneys said.
Spaulding said the charges against Baldwin “were always going to be more difficult to pursue than the charges against Gutierrez-Reed because, ultimately, it’s the armorer’s job to ensure that there are no live bullets in the gun.”
“The actor has the legal right to assume that the armorer did their job,” he said. Because Gutierrez-Reed was the “first line of defense in ensuring safety on set,” it’s “unlikely” charges against her will be dropped.
Alec Baldwin movie ‘Rust’ to restart filming after prop gun shooting death of Halyna Hutchins
What will happen to Halyna Hutchins’ family’s lawsuit?
Hutchins’ mother, father and sister, all of whom live in Hutchins’ native Ukraine, filed a suit against Baldwin in February and the “Rust” production, arguing they relied on Hutchins for financial support.
Gloria Allred, attorney for Hutchins’ family in the suit, said in a statement Friday that she plans to proceed with the civil lawsuit on behalf of her clients.
“Mr. Baldwin should know that we remain committed to fighting and winning for our clients and holding him accountable for pointing a loaded gun at Halyna Hutchins, pulling the trigger, and killing her,” she said.
She continued: “No matter where Alec Baldwin goes, whether it is to Montana or an expensive restaurant in New York City, he cannot escape responsibility for his role in shooting and killing Halyna, who was a young mother, a beloved daughter, a loving sister, and an admired co-worker.”
With Baldwin’s charges dropped, Spaudling said, the lawsuit probably will be dismissed.
“The only person who likely could have pursued a lawsuit was Halyna’s husband,” he said. “Baldwin was largely right when he said the settlement ‘should have been the end of the matter.’ “
An earlier lawsuit filed against Baldwin by Hutchins’ widow, Matthew, was settled. Matthew Hutchins is now one of the producers of “Rust.”
Will ‘Rust’ filming be affected?
Despite the legal drama, filming on “Rust” was set to restart this week. Spaulding said production on the film would have carried on with or without Baldwin’s charges being dropped.
“I don’t think this has any effect on ‘Rust’ continuing filming,” he said. “The ‘Rust’ production was full steam ahead even before these charges were dropped.”
When word of the dismissal came, Baldwin was at Yellowstone Film Ranch on the set of a rebooted “Rust” production. Filming was to resume 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 the set before Hutchins was shot and killed.
“Rust” safety coordinator and assistant director David Halls pleaded no contest in March to a conviction for unsafe handling of a firearm and a suspended sentence of six months of probation.
Contributing: Marco della Cava and Edward Segarra, USA TODAY; Morgan Lee and Andrew Dalton, The Associated Press
