A New Mexico judge is set to rule next week on a grand jury indictment against Alec Baldwin in the fatal shooting on the set of “Rust,” with arguments made that the proceedings were unfair. The indictment charged Baldwin with involuntary manslaughter in the shooting of cinematographer Halyna Hutchins, leading to her death on Oct. 21, 2021. Baldwin has pleaded not guilty to the charge, which has a maximum sentence of 1.5 years in prison.
During the rehearsal, Baldwin was pointing a gun at Hutchins when the revolver went off, killing her and injuring the director, Joel Souza. Baldwin claims that he pulled back the gun’s hammer but not the trigger. His motion to dismiss the indictment argues that the grand jury received inaccurate and limited testimony about the revolver and safety protocols on movie sets.
Defense attorneys for Baldwin accused the special prosecutor of neglecting her responsibilities to ensure impartiality and access to the defense’s witnesses and evidence. They claimed that the grand jury received a one-sided presentation and was steered away from considering exculpatory evidence and witnesses. The special prosecutor defended her oversight of the grand jury, stating that she followed all procedures and orders from the judge. A jury trial for Baldwin is scheduled for July.
Prosecutors have focused their attention on Baldwin after a judge sentenced movie weapons supervisor Hannah Gutierrez-Reed to the maximum of 1.5 years in prison for involuntary manslaughter. The earlier charge against Baldwin was dismissed, but a new analysis of the gun last year led prosecutors to reinstate the case. The indictment offers two possible standards for prosecutors to pursue, based on the negligent use of a firearm or proving that Baldwin caused Hutchins’ death without due caution.
Defense attorneys accused prosecutors of not making sufficient efforts to ensure access to key witnesses, such as the film’s director and assistant director. They also alleged that the grand jury was guided away from certain testimony and evidence. The trial of Gutierrez-Reed provided insight into how Baldwin’s trial could unfold, with a focus on breakdowns in firearms safety protocols on the set of “Rust.” Filming of the movie resumed in Montana after the shooting, under an agreement with Hutchins’ husband, Matthew Hutchins, who became an executive producer. Baldwin was offered a deal to plead to a minor offense before the grand jury was convened but the offer was retracted before the deadline to respond.
