'Rust' Special Prosecutors To DROP Criminal Charges Against Alec Baldwin

Actor Alec Baldwin may not face any jail time for the October 2021 shooting of "Rust" cinematographer Halyna Hutchins. In fact, he might not even have to go to trial.

On Thursday, April 20, the two special prosecutors who were selected to take over for the Santa Fe District Attorney decided to dismiss the two involuntary manslaughter charges against the "30 Rock" actor.

On Thursday afternoon, Deadline was the first to report that "Rust" special prosecutors Kari Morrissey and Jason Lewis were planning to drop all criminal charges against Alec Baldwin. The paperwork to make the motion official is said to happen soon, perhaps even today.

However, Baldwin is not in the free and clear just yet. The two plan to dismiss the involuntary manslaughter charges against the Emmy-winning actor without prejudice as they continue to investigate the fatal shooting at the Bonanza Creek Ranch. This means that Baldwin could potentially face criminal charges again in the future.

At this moment, charges have not been dropped against "Rust" armorer Hannah Gutierrez-Reed, who claims that she did not even check the gun before it was used to rehearse the scene. (UPDATE: Deadline claims that charges have NOT been dropped against Gutierrez-Reed, despite conflicting reports that they were.)

Several witnesses, including director Joel Souza, reported that first assistant director David Halls was the one who claimed that the gun Baldwin was using to rehearse the scene was a "cold gun," meaning one that did not contain live ammunition.

It is possible that the charges against Baldwin were dropped due to an unexpected debate over the fate of the gun used in the shooting. Last month, Baldwin was absent for a virtual hearing that was attended by Hannah Gutierrez-Reed and her lawyer, Jason Bowles.

However, Baldwin’s legal team was present at the meeting. Attorney Alex Spiro told Judge Mary Marlow Sommer that the 1880s prop gun that Baldwin was holding when he shot Hutchins had been “destroyed.”

“The court, I don’t think is aware of this point, but I think I should tell the court that the firearm in this case, that’s a great subject of it, was destroyed by the state,” Spiro claimed. “So, that’s obviously an issue and we’re going to need to see that firearm, or what’s left of it.”

The comment was not immediately addressed in the courtroom, but  New Mexico First Judicial District Attorney spokesperson Heather Brewer did release a statement later that night to say that “the gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state.” Brewer added that the gun is “in evidence and is available for the defense to review.”

“The defense’s unexpected statement in the status hearing today that the gun had been destroyed by the state may be a reference to a statement in the FBI’s July 2022 firearms testing report that said damage was done to internal components of the gun during the FBI’s functionality testing,” Brewer added. “However, the gun still exists and can be used as evidence.”

The prosecution has faced several setbacks in its case against Baldwin and Gutierrez-Reed. In late February, they lost an attempt to prevent the "Rust" armorer from keeping firearms at her home. The DA also had to drop the firearm enhancement charge after Baldwin's legal team successfully argued that the enhancement was "unconstitutional."

Baldwin's legal team had set a court date to see the dismissal of special prosecutor Andrea Reeb in March, but she stepped down before they could take the matter to the judge. On March 29, Santa Fe District Attorney Mary Carmack-Altwies stepped down from the case to bring on Kari Morrissey and Jason Lewis as special prosecutors.

Although Halyna Hutchins' parents and sister have brought a new lawsuit against Alec Baldwin, her husband, Matthew Hutchins, settled the wrongful death lawsuit against "Rust" producers last October. As part of the settlement, he was named an executive producer on the film, which will resume filming this week at the Yellowstone Film Ranch in Montana.

At the time of the settlement, Matthew Hutchins released a statement, saying, “I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin),” adding, “All of us believe Halyna’s death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna’s final work.”