SANTA FE, N.M. — Prosecutors in New Mexico will convene a grand jury to determine if an involuntary manslaughter charge should be refiled against actor Alec Baldwin in the fatal shooting of a cinematographer on the set of the movie “Rust” in 2021.
Charges were formally dropped against Baldwin in April after the shooting that killed Halyna Hutchins on the set of the movie.
“We believe that based on our lengthy and detailed investigation that it is appropriate for a grand jury in New Mexico to make a decision on whether the case should proceed,” one of the prosecutors, Kari Morrissey, told The New York Times on Tuesday.
Breaking News: A grand jury will weigh whether to recharge Alec Baldwin in the 2021 fatal shooting of a cinematographer on the set of the film “Rust.” https://t.co/7Nies5WFyJ
— The New York Times (@nytimes) October 17, 2023
In a joint statement, special prosecutors Morrissey and Jason Lewis said they would bring the case to a grand jury “within the next two months,” Variety reported.
“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,” Morrissey and Lewis said. “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 Santa Fe County District Attorney had initially charged Baldwin with involuntary manslaughter under a version of a New Mexico firearm law passed months after the deadly shooting in October 2021, the Times reported.
Baldwin’s attorney, Luke Nikas, called the decision “unfortunate” adding that he would fight the case in court, according to Variety.
“It is unfortunate that a terrible tragedy has been turned into this misguided prosecution,” Nikas said. “We will answer any charges in court.”
Baldwin, 65, was holding a gun on Oct. 21, 2021, while Hutchins was setting up a scene for “Rust,” when the Colt .45 revolver went off, authorities said. A bullet hit and killed Hutchins and injured the movie’s director, Joel Souza. Baldwin has maintained that he did not pull the trigger and that the gun went off accidentally.
In court records obtained by KRQE, prosecutors said that Halls handed Baldwin the gun that killed Hutchins, and that “Rust” armorer Hannah Gutierrez Reed was in charge of weapons on the set.
Reed is facing charges of tampering with evidence and two counts of involuntary manslaughter in the shooting, NBC News reported. She is facing a maximum sentence of 18 months in prison and approximately $5,000 in fines if she is convicted after her trial, which begins in February, according to Deadline.
Reed has pleaded not guilty.
In April, special prosecutors dismissed the involuntary manslaughter charge against Baldwin, The Associated Press reported. They later changed their minds and began considering refining the charge after receiving a new analysis of the gun, according to the news organization.
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