‘Rust’ prosecutors consider charging Alec Baldwin again in fatal shooting

Prosecutors on Tuesday said they will ask a grand jury to consider whether actor Alec Baldwin should again be criminally charged in the accidental 2021 shooting death of a cinematographer on the New Mexico set of the western film “Rust.”

The special prosecutors plan to argue that Baldwin should be indicted on an involuntary manslaughter charge, according to three people close to the case who were not authorized to comment.

“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 case, special prosecutors Kari T. Morrissey and Jason J. Lewis said in a statement. “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.”

Cinematographer Halyna Hutchins, 42, was killed October 2021 on the set of the low-budget movie that was filming near Santa Fe during the rehearsal of a scene, in which Baldwin drew his prop revolver from his holster and pointed it at the camera. The weapon fired, fatally striking Hutchins and wounding the film’s director, Joel Souza, who was standing next to her.

Tuesday’s decision came six months after Morrissey and Lewis initially dropped felony charges against Baldwin, which had been brought by a previous set of prosecutors. Morrissey and Lewis joined the case last spring after missteps by their predecessors.

Morrissey and Lewis intend to present the case to a grand jury within the next two months, they said. The grand jury will determine whether probable cause exists for Baldwin to face criminal charges in a trial in Santa Fe.

In New Mexico, a felony involuntary manslaughter conviction carries a 18-month prison sentence.

“It is unfortunate that a terrible tragedy has been turned into this misguided prosecution,” said Baldwin’s attorneys, Luke Nikas and Alex Spiro of Quinn Emanuel, in a statement. “We will answer any charges in court.”

After the charges were dropped in April, Baldwin immediately traveled to Montana, where he and other cast and crew members finished filming “Rust.”

Firearms experts have said Baldwin probably pulled the trigger, which he denies doing.

Legal experts said prosecutors will probably secure an indictment. They must persuade a majority of grand jurors that “probable cause” exists, which is a lower threshold than trying to prove “beyond a reasonable doubt.” In addition, prosecutors need only a majority of grand jurors to return an indictment — not a unanimous vote.

“In a grand jury, it is a one-sided presentation,” said former federal prosecutor Neama Rahmani, president of West Coast Trial Lawyers. “The defense attorneys don’t get to cross-examine the witnesses, so the standard for an indictment is low.”

Baldwin did not know the gun had been loaded with live ammunition.

The special prosecutor is pursuing felony involuntary manslaughter charges against the “Rust” armorer, Hannah Gutierrez Reed, who acknowledges loading the weapon, which was given to Baldwin by another crew member that day. Gutierrez Reed has pleaded not guilty to involuntary manslaughter and evidence tampering charges. Her preliminary hearing is set for February.

Morrissey has said Gutierrez Reed was “the most culpable defendant in a case that resulted in the senseless death of another person.”

The film’s assistant director, David Halls, pleaded no contest to a misdemeanor charge of negligent use of a deadly weapon this year. Halls has since retired from the film industry.

“The prosecutors appear to be going all in on trying to prove that Baldwin pulled the trigger even though Baldwin has denied that,” Rahmani said. “The theory is that, even if you don’t know the gun is loaded, that you shouldn’t point it at other human beings and then pull the trigger.”

The possible refiling of charges represents the latest turn in the case for the 65-year-old actor, who has faced legal jeopardy on multiple fronts after the on-set tragedy, including civil lawsuits. Baldwin is the star and a producer of “Rust.”

NBC News first reported the prosecutors’ intent to recharge Baldwin.

After Baldwin was charged with involuntary manslaughter in January, cracks in the case quickly appeared due to mistakes by prosecutors.

In one instance, the previous prosecutor, New Mexico 1st Judicial Dist. Atty. Mary Carmack-Altwies, filed a felony charge enhancement based on a law that wasn’t on the books when the shooting occurred.

Morrissey and Lewis dropped the charges against Baldwin, saying new information had come to light that needed to be investigated. Sources have told The Times that prosecutors were told the gun had been modified before being delivered to the set, making it easier to fire.

A firearms expert was brought in by prosecutors to determine whether the Italian-made Pietta pistol, a replica of a vintage 1873 model, was functional or faulty, which could have contributed to the deadly accident on set.

The firearms expert, Lucien C. Haag, didn’t find evidence to back up Baldwin’s account.

“Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver,” Haag wrote in his Aug. 3 report to Morrissey and Lewis.

The weapons provider, Seth Kenney, has stated during questioning that the gun wasn’t altered. Kenney said he had just received the weapon from his supplier before turning it over to film’s prop master.

Baldwin and other producers have said they are not to blame for the actions of others in the crew.

A New Mexico judge this month separately ordered “Rust” movie producers to turn over records demanded by prosecutors. Morrissey wanted to learn more about Baldwin’s financial arrangements and whether he stood to profit if the movie was delivered on time and under budget.

Morrissey is probing why production managers denied a request by Gutierrez Reed for additional days to train Baldwin on the use of his .45-caliber revolver.

During a Oct. 6 court hearing in Santa Fe, conducted virtually, Morrissey said the producers’ actions contributed to the deadly shooting.

Morrissey also alleged that producers have attempted to thwart aspects of the criminal investigation.

New Mexico’s Occupational Safety and Health Bureau originally filed a complaint saying “Rust” managers “demonstrated plain indifference” to employee safety and levied a $136,793 fine for safety violations that led to the death of Hutchins.

Camera crew members walked off the set hours before the fatal shooting, protesting what they called safety concerns.

After an appeal by the producers, the safety violations fine was reduced to $100,000. New Mexico regulators also agreed to downgrade its citation of the violations from “willful-serious” to “serious.”

On Oct. 6, the lawyer for Rust Movie Productions suggested the state’s efforts to obtain documents was a backdoor way to glean information to potentially bring new criminal charges against the high-profile actor.

“The state has made it very clear in its statements that it’s still considering bringing charges against Alec Baldwin,” attorney Abigail R. Wolberg said during the hearing. “I see these subpoenas as nothing more than continuing down that path.”

Instead, Wolberg laid responsibility for the tragedy on Gutierrez Reed, who Wolberg said was an independent contractor, not an employee of Rust Movie Productions. Wolberg said documents the prosecutor sought were irrelevant to the state’s case against Gutierrez Reed.

New Mexico 1st Judicial District Judge Mary Marlowe Sommer ruled the “Rust” producers must turn over the documents that Morrissey requested by Oct. 20 — the eve of the second anniversary of the tragedy.