(CNN) The involuntary manslaughter charge against actor Alec Baldwin is being dropped, according to a statement from the New Mexico special attorneys overseeing the cases in the Rust film.
Citing “new facts” in the case, special prosecutors Kari Morrissey and Jason Lewis said they “could not proceed under the current time constraints and with the facts and evidence presented by law enforcement as they stand.”
“We will therefore dismiss the involuntary manslaughter charge against Mr. Baldwin pending further investigation,” her statement continued. “This decision does not absolve Mr. Baldwin of criminal liability and the charges may be reinstated.”
Prosecutors added that their follow-up investigations “remain active and will continue.”
The decision to dismiss the charges against Baldwin comes after investigators learned new evidence suggesting the gun used in the shooting was modified, a source familiar with the investigation told CNN.
Investigators will examine the weapon to determine the extent of modifications that may have affected how the weapon worked, the source said.
Halyna Hutchins, the film’s cinematographer, was struck and killed by a barrage of live ammunition fired from a prop gun held by Baldwin while rehearsing a scene on the set of Rust in 2021. Baldwin has pleaded not guilty.
Director Joel Souza was also shot and injured.
Baldwin and “Rust” armorer Hannah Gutierrez Reed were both charged with involuntary manslaughter in January.
The charges against Gutierrez Reed remain unchanged, prosecutors said on Thursday.
A lawyer for Gutierrez Reed has previously said she will plead not guilty.
Prosecutors have already quashed a firearms enhancement charge against Baldwin and Gutierrez Reed, reducing a possible 5-year sentence to a maximum of 18 months.
This handout image courtesy of the Santa Fe County Sheriff’s Office, released April 25, 2022, and is part of the investigation files, shows actor Alec Baldwin arrested after the death of cinematographer Halyna Hutchins at Bonanza Creek Ranch in Santa Fe , New Mexico, in 2021.
“We are pleased with the decision to dismiss Alec Baldwin’s case and encourage a proper investigation into the facts and circumstances of this tragic accident,” Baldwin’s attorneys, Luke Nikas and Alex Spiro, told CNN.
“We anticipate that at the end of this trial, Hannah will also be exonerated,” Gutierrez Reed’s attorneys Jason Bowles and Todd Bullion said in a statement to CNN on Thursday after it was announced that Baldwin’s charges would be dropped.
“The new Special Prosecutor’s Office team has approached the entire investigation very carefully and thoroughly, which we applaud and have always applauded,” her attorneys added. “They seek the truth and so do we. The truth of what happened will come out and the questions we have long sought answers to will be answered.”
Thursday’s development comes a month after the special prosecutor in the case, Andrea Reeb, resigned after Baldwin’s attorney requested that Reeb be disqualified as “unconstitutional” under New Mexico law because of her elected position in the New Mexico House of Representatives. Santa Fe District Attorney Mary Carmack-Altwies then resigned from the case as well, appointing longtime New Mexico attorneys Morrissey and Lewis as special prosecutors.
Earlier this year, Rust assistant director Dave Halls and prosecutors reached a settlement “on charges of negligent use of a deadly weapon.” At the time, prosecutors said the terms of that deal included six months probation and a suspended sentence.
CNN had reached out to Hall’s attorney for comment.
Halyna Hutchins, seen here in 2019, was fatally shot on the set of the film Rust in 2021.
Production on the film has resumed as part of a wrongful death settlement between Matthew Hutchins, Halyna Hutchins’ widower, Baldwin and the Rust producers. Matthew Hutchins is now serving as executive producer on the project.
A status hearing in the case is scheduled for Friday, according to the First Judicial District Court. The hearing, scheduled for 4:30 p.m. ET, will be streamed live on the New Mexico Courts YouTube website.
Judge Mary Marlow Sommer and attorneys are expected to attend the hearing via Google Meet.
CNN’s Steve Forrest and Josh Campbell contributed to this report.