The involuntary manslaughter criminal case against Alec Baldwin over the fatal shooting of cinematographer Halyna Hutchins on the set of Rust has been dropped.
On Monday, special prosecutor Kari Morrissey announced that she had withdrawn her appeal of an order that dismissed the case.
Her statement came after the New Mexico attorney general’s office said it “did not intend to exhaustively pursue the appeal on behalf of the prosecution”.
“The state’s efforts to continue to litigate the case in a fair and comprehensive manner have been met with multiple barriers that have compromised its ability to prosecute to the fullest extent of the law,” Morrissey’s statement said.
“This has always been about seeking justice for Halyna Hutchins. We regret that Mr Baldwin will not be held accountable for the role he played in the death of Halyna Hutchins and as we withdraw the appeal, we do so with the hope that the outstanding lawsuits bring some measure of justice to the family of Halyna Hutchins.”
Baldwin’s lawyers, Alex Spiro and Luke Nikas, said in a statement that this was a “vindication”.
“Today’s decision to dismiss the appeal is the final vindication of what Alec Baldwin and his attorneys have said from the beginning — this was an unspeakable tragedy but Alec Baldwin committed no crime,” they said. “The rule of law remains intact in New Mexico.”
The Independent has contacted representatives for Alec Baldwin for comment.
The fatal incident that resulted in Hutchins’ death occurred in October 2021, when Baldwin — the lead actor and a co-producer of Rust — pointed a prop gun in Hutchins’s direction during a rehearsal. The gun went off, discharging a real bullet that killed her and wounded director Joel Souza.
Baldwin faced up to 18 months in prison if he was convicted for the involuntary manslaughter charges, though he consistently maintained his innocence leading up to the trial.
However, the case was dismissed in July after it was found that prosecutors had withheld evidence from the defense that could have shown how live rounds got onto the set.
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Morrissey filed a notice of appeal on the judge’s decision, arguing that the bullets were irrelevant to the case. However, as the attorney general expressed their reluctance to pursue the case, Morrissey said she was withdrawing her appeal.
Multiple civil suits related to the shooting are still active in New Mexico court.
Hannah Gutierrez-Reed, the film’s armorer, was convicted of involuntary manslaughter and sentenced to 18 months in prison. She was blamed by prosecutors for unwittingly bringing live ammunition onto the set and for failing to follow basic gun safety protocols.
In a press release, Mary Carmack-Altwies, First Judicial District Attorney, said: “The dismissal of criminal charges against Baldwin has sparked debate about the legal process and accountability in the Rust incident in which a talented cinematographer lost her life, and director Joel Souza was injured.
“Halyna’s tragic death has prompted industry-wide scrutiny, specifically in New Mexico, of safety protocols, especially the use of firearms and live ammunition on set. Halyna’s family set up the Halyna Hutchins Foundation to advocate for safer practices in the industry, promoting safety education and honoring her legacy as a talented filmmaker.
“Despite its disagreement with the Court’s decision, the FJDA remains steadfast in its mission to uphold justice. There is still much work to be done in criminal court, and our office will continue to diligently prosecute cases with integrity, fairness, and commitment to the rule of law.”
Rust premiered at the Camerimage International Film Festival in Poland on 20 November.