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UPDATED with Special Prosecutor’s Statement AFTER PREVIOUS EXCLUSIVE: Despite a heady day of news about special prosecutors in New Mexico planning to drop the criminal charges against Alec Baldwin for his role in the 2021 shooting of cinematographer Halyna Hutchins on the set of Rust, the actor-producer may still face charges .
Special prosecutors Kari Morrissey and Jason Lewis released a statement late Thursday regarding the decision to drop his charges, saying they could be refiled after “further investigation.”
“Over the past few days and in preparation for the preliminary hearing on May 3, 2023, new facts have emerged that require further investigation and forensic analysis into the case against Alexander “Alec” Rae Baldwin III. Consequently, under the current time constraints and the facts and evidence presented by law enforcement as they stand, we cannot proceed. We will therefore dismiss the involuntary manslaughter charge against Mr. Baldwin pending further investigation. This decision does not relieve Mr. Baldwin of criminal liability and the charges may be reinstated. Our follow-up will remain active and ongoing.”
Despite reports earlier in the day that former Rust gunsmith Hannah Gutierrez-Reed would also be dropping her charges, her status has not changed. “The charges against Hannah Gutierrez-Reed remain unchanged,” prosecutors said tonight.
A virtual status hearing has been scheduled for Friday in Santa Fe.
PREVIOUS EXCLUSIVE, 12:03 p.m. PT, updated with attorneys’ statements: Less than two weeks before a mini-trial was due to begin in New Mexico over the October 2021 murder of Rust cinematographer Halyna Hutchins, all charges against Alec Baldwin are being dropped.
Recently appointed special prosecutors Kari Morrissey and Jason Lewis are expected to file filings soon, perhaps even today, to dismiss involuntary manslaughter claims against Baldwin, we’re hearing. This designation means the case could be reopened at a later date as prosecutors will continue to investigate what actually happened on that horrifying day at Bonanza Creek Ranch near Santa Fe, NM.
Attorneys for Rust gunsmith Hannah Gutierrez-Reed told Deadline that they expect her involuntary manslaughter charges to be dropped in the near future as well.
A virtual status conference has just been scheduled for Friday before Judge Mary Marlow Sommer.
“We are pleased with the decision to dismiss Alec Baldwin’s case and we encourage a proper investigation into the facts and circumstances of this tragic accident,” Baldwin’s attorneys, Luke Nikas and Alex Spiro, said in a statement. Officials from the Santa Fe District Attorney’s Office did not comment on the situation when contacted by Deadline.
“The new Special Prosecutor’s Office team has approached the entire investigation very diligently and thoroughly, which we applaud and have always applauded,” said attorneys for Reed, Jason Bowles and Todd Bulllion. “They seek the truth and so do we. The truth about what happened will come out and the questions we have long sought answers to will be answered. We assume that at the end of this process, Hannah will also be exonerated.”
Both Gutierrez-Reed and Baldwin pleaded not guilty to the charges earlier this year.
Since an interview on ABC just weeks after Hutchins’ death, Baldwin has repeatedly insisted he had not pulled the trigger of the 1880s prop cannon that killed the cameraman — an insistence the FBI echoed in its report on the matter, which was published last year, did not agree. Now that Baldwin’s attorneys challenged the gun’s condition last month, further investigation of the gun itself and whether it was modified in any way appears certain to be part of a re-examination, we hear.
The latest developments come as production of a resurrected Rust was set to begin in Montana, starring Baldwin and director Joel Souza, who was injured during filming in October 2021. Rust 2.0, originally scheduled to start earlier this week, is now planning to launch on Friday, we’re hearing – although that could be delayed based on these new developments. The timing that the charges against Baldwin were dropped just before new Rust production begins seems unusual, but we’re told it’s purely a coincidence.
The move by the special prosecutors also comes days after the submission of the witness list for the preliminary investigation became public. It is unlikely that the preliminary test, also known as the mini-trial, will take place as planned; it was supposed to start on May 3rd.
More than a year after Hutchins died on the set of Rust, Baldwin and Gutierrez-Reed were charged with two counts of involuntary manslaughter in late January. Along with a mandatory five-year gun upgrade, which was later ruled out as “unconstitutional,” the charges carried a maximum sentence of 18 months behind bars and about $5,000 in fines if a jury returned a guilty verdict. It was then that New Mexico officials struck a plea deal with Rust’s assistant director, Dave Halls, who was sentenced to six months of unsupervised probation.
In recent weeks, Baldwin had received approval from Judge Mary Marlow Sommer to stay away from the preliminary investigation/mini-trial, where Sommer would determine if there was enough evidence for a full trial.
In a sign of how quickly events were moving this week, the state released its 35-person witness list. At the top is Souza along with Rust’s executive writer Mamie Mitchell – who is suing Baldwin and his fellow producers in one of many lawsuits brought before the Los Angeles and New Mexico Superior Courts – gunsmithing mentor Seth Kenney, other crew members , and a ton of cops.
The sudden turn in events also follows Santa Fe District Attorney Mary Carmack-Altwies resigning from the case last month and Morrissey and Lewis, both veteran New Mexico attorneys, being put in charge.
Although rare, this decision by the beleaguered prosecutors seemed almost inevitable. Shortly after the jump, after Baldwin and Gutierrez-Reed were formally charged, prosecutors hit several self-created potholes, including a lost Feb. 24 attempt to block Gutierrez-Reed’s request to own a gun at her home in self-defense. Even more embarrassing for prosecutors was the dismissal of firearms enhancement charges and the loss of former special prosecutor and GOP state legislator Andrea Reeb. Then, on March 29, Carmack-Altwies withdrew from the case for good, as she would almost certainly lose her attempt to become co-counsel with a new special prosecutor, and brought Morrissey and Lewis on board.
In October, as the state of New Mexico considered filing charges against Baldwin and Gutierrez-Reed, the Hutchins estate settled its wrongful death lawsuit against Rust Movie Productions LLC and Baldwin. As part of the deal, Matthew Hutchins, the cinematographer’s husband, is executive producing the revived Rust film, as well as a documentary about his wife’s life and career.
“I have no interest in blaming or blaming[the producers or Mr. Baldwin],” Matthew Hutchins said at the time. “We all believe that Halyna’s death was a horrible accident. I’m grateful that the producers and entertainment community came together to pay tribute to Halyna’s final work.”
Earlier this week, this settlement was sealed to protect the privacy of the Hutchins’ young son.