EquiLaw

Judicial Determination: Alec Baldwin’s Last Attempt to Dismiss Charges in 'Rust' Case Fails

Synopsis: New Mexico District Court Judge Mary Marlowe Sommer denied Alec Baldwin's motion to dismiss the involuntary manslaughter charge over the fatal shooting of Halyna Hutchins on the 'Rust' film set. The trial, starting on July 9, will determine if Baldwin's state of mind was criminally negligent.
Monday, July 1, 2024
Alec Baldwin
Source : ContentFactory

Alec Baldwin’s attempt to dismiss the involuntary manslaughter charge for the fatal shooting of cinematographer Halyna Hutchins on the set of his film "Rust" has been denied. New Mexico District Court Judge Mary Marlowe Sommer ruled that the case must be resolved at trial, scheduled to begin on July 9 with jury selection.

The 66-year-old actor is accused of causing the death of Hutchins and injuring director Joel Souza on October 21, 2021, in Bonanza City, New Mexico. During a scene rehearsal, Baldwin was holding a prop gun that fired, leading to the tragic incident. Baldwin has consistently maintained that he did not pull the trigger and remains unaware of how live ammunition ended up in the prop gun.

The film's armorer, Hannah Gutierrez-Reed, was sentenced to 18 months in prison in April after being found guilty of the same involuntary manslaughter charge that Baldwin faces. In a detailed five-page order, Judge Sommer stated that determining whether Baldwin had a criminally negligent state of mind is a factual question for the jury to decide during the trial.

Baldwin’s legal team argued that the most critical piece of evidence, the firearm, was destroyed during an FBI accidental discharge test, which damaged its internal components. Attorney Josh Bash contended that this destruction deprived the defense of a full opportunity to examine the gun in its original condition. Bash emphasized the severity of the situation, describing it as "among the most egregious constellation of facts" he had encountered.

During a virtual hearing, Bash argued, “They knew it would be destroyed, and they did nothing to preserve the evidence for the defendant. It's outrageous and it requires dismissal.” However, prosecutors countered that Baldwin's defense still has ample evidence available. Special prosecutor Erlinda Johnson noted that all parts of the gun are still accessible, and Baldwin himself informed OSHA investigators that the firearm had no mechanical defects.

Judge Sommer’s decision included a rejection of the defense's request to exclude any technical gun analysis from being presented at trial. Baldwin’s team had previously made other motions to dismiss the involuntary manslaughter charge, which were also denied.

As the trial approaches, the focus will be on whether Baldwin's actions and state of mind meet the criteria for criminal negligence. The proceedings promise to be closely watched, given the high-profile nature of the case and the tragic circumstances surrounding Hutchins' death. The trial will also delve into broader issues regarding safety protocols on film sets and the responsibilities of actors and crew members in handling firearms.