Alec Baldwin poses with gun and ammo in newly released Rust rehearsal video

‘Rust’ Prosecutors Will Decide On Criminal Charges Against Alec Baldwin In 'Next Sixty Days’

Home / Exclusive / ‘Rust’ Prosecutors Will Decide On Criminal Charges Against Alec Baldwin In 'Next Sixty Days’

By Kristin Myers on June 14, 2023 at 6:09 PM EDT

"Rust" prosecutors may refile charges against actor Alec Baldwin "within the next sixty days."

The 65-year-old actor faced two counts of involuntary manslaughter for the October 21, 2021 shooting of cinematographer Halyna Hutchins at the Bonanza Creek Ranch in New Mexico. Those charges were dropped without prejudice in April pending further investigation.

However, charges have not been dropped against "Rust" armorer Hannah Gutierrez-Reed, who is also facing two counts of involuntary manslaughter. Her hearing has been postponed until August as the investigation continues.

Article continues below advertisement

'Rust' Prosecutors Will Decide If They Will Refile Chrages Against Alec Baldwin For The Shooting Of Halyna Hutchins Within Sixty Days

Alec Baldwin sits down with police for interview following Rust shooting
MEGA

In April, newly appointed "Rust" special prosecutors Kari Morrissey and Jason Lewis decided to dismiss the charges against Alec Baldwin after they received new evidence that the gun that he was holding for the scene might have malfunctioned.

“Over the last few days and in preparation for the May 3, 2023, preliminary hearing, new facts were revealed that demand further investigation and forensic analysis in the case against Alexander ‘Alec’ Rae Baldwin, III," they wrote in a statement released at the time.

Article continues below advertisement
Alec Baldwin sued by family of shot cinematographer Halyna Hutchins
MEGA
Article continues below advertisement

"Consequently, we cannot proceed under the current time constraints and on the facts and evidence turned over by law enforcement in its existing form," they continued. "We therefore will be dismissing the involuntary manslaughter charges against Mr. Baldwin to conduct further investigation."

"This decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled," they warned. "Our follow-up investigation will remain active and on-going.”

Article continues below advertisement

The FBI Allegedly Did Not Inform The Prosecution That Their Investigation Might Damage The Gun

Police release photos from the set of Rust after fatal shooting
MEGA

According to new legal documents filed earlier this month and obtained by The Blast, special prosecutors are still considering pressing charges against the "30 Rock" actor.

In response to a motion filed by Hannah Gutierrez-Reed to dismiss amended information, special prosecutors discussed possibly refiling charges against Baldwin. They noted that “The sear of the gun used in the killing of Ms. Hutchins was broken during testing at the FBI. The ballistics expert at the FBI notified law enforcement that the testing may result in damage to the gun and law enforcement proceeded with the testing.”

Article continues below advertisement
Armourer Hannah Gutierrez-Reed seen after fatal Rust shooting
MEGA

However, the legal filing notes that “No one from the prosecution team (current or past) was notified or asked for comment prior to this decision being made” and was only heard by the Court after a preliminary hearing. That being said, they don’t anticipate that the “damage to the sear of the gun” hinders their case against “Rust” armorer Hannah Gutierrez-Reed.

In the court filing, they wrote, “She had every reason to believe the gun would be shot by Alec Baldwin in the vicinity of other actors and crew members after she recklessly loaded it with a live round. Any possible malfunction of the gun does not lessen her culpability.”

Article continues below advertisement

'Rust' Prosecutors Have Sent The Gun For Further Testing

Alec Baldwin sits down with police for interview following Rust shooting
MEGA

The “Rust” prosecutors revealed that they also haven’t given up on their plans to charge Baldwin, revealing that the “gun and broken sear have been sent to the state’s independent expert for further testing.”

They go on to state that “The charges against Alec Baldwin were dismissed without prejudice because a possible malfunction of the gun significantly affects causation with regards to Baldwin, not with regard to Gutierrez. If it is determined that the gun did not malfunction, charges against Mr. Baldwin will proceed. The prosecution anticipates making a final charging decision with regard to Mr. Baldwin within the next sixty days.”

Alec Baldwin Has Finished Filming 'Rust'

Alec Baldwin shares final photo from 'Rust' set
Instagram | Alec Baldwin

In late April, the production of "Rust" moved from New Mexico to Montana, where the actor finished filming. In an Instagram post dated May 22, the 65-year-old actor revealed that the Western film had finally wrapped filming. “Last day of filming RUST in Montana. Sorry that I did not get to work with this living legend, the great @francesfisher. Patrick, I envy you,” he wrote in the caption, referring to costar Patrick Scott McDermott.

Article continues below advertisement

“It’s been a long and difficult road. But we reach the end of the trail today. Congratulations to Joel, Bianca, and the entire cast and crew,” he added, referring to director Joel Souza, who was hospitalized in the "Rust" incident, and cinematographer Bianca Cline, who is best known for her work in “Marcel The Shell With Shoes On.” Cline is reportedly donating her salary to charity.

The "Supercell" actor finished off his caption by calling the completed production “Nothing less than a miracle.”

Article continues below advertisement