Alec Baldwin May Face Criminal Charges After New ‘Rust’ Report

Actor Alec Baldwin may once again be facing criminal charges in the death of "Rust" cinematographer Halyna Hutchins after she was shot and killed on set in New Mexico on October 21, 2021.

In January 2023, the "30 Rock" actor and armorer Hannah Gutierrez-Reed were charged with two counts of involuntary manslaughter. A charge of tampering with evidence was later added to the rookie armorer after prosecutors claimed a witness came forward to reveal that she had given cocaine to someone on set the day that Halyna was killed, thus tampering with the police investigation.

Although charges were dropped against Baldwin in April 2023, prosecutors warned in early June that he could face criminal charges again, as they dismissed his two previous charges without prejudice. It looks like they are strongly considering the possibility of bringing charges against the 65-year-old actor once again according to a new report.

According to a forensic report obtained by People magazine on Tuesday, the “Running With Scissors” actor had “sufficiently” pulled the trigger on the prop Colt .45 revolver enough to go off. Baldwin has denied pulling the trigger several times, but the report finds that the hammer of the gun had been “manually retracted” before going off.

Firearm experts Lucien Haag and Mike Haag, who were hired by the State of New Mexico in its case against Hannah Gutierrez-Reed, released a report stating, “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.”

“This fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger,” they continued, concluding that Baldwin had to have touched the trigger.

On June 9, “Rust” special prosecutors Kari Morrissey and Jason Lewis warned that Baldwin could still face criminal charges pending the investigation into the gun, which his legal team insisted was damaged during FBI testing.

The statement from the two special prosecutors read: "The gun and broken sear have been sent to the state’s independent expert for further testing. The charges against Alec Baldwin were dismissed without prejudice because a possible malfunction of the gun significantly affects causation with regard to Baldwin, not with regard to Gutierrez. If it is determined that the gun did not malfunction, charges against Mr. Baldwin will proceed.”

At that time, they noted that they would make a decision as to whether or not Baldwin would face criminal charges again in the next sixty days, so it looks like they will make a decision soon.

Earlier this month, Hannah Gutierrez-Reed waived her right to a preliminary hearing and pleaded not guilty. As such, her case will move forward to trial in December. Prosecutors are continuing to build their case against the armorer, which includes photographs of Alec Baldwin wearing his “Rust” costume and holding the weapon in question.

The report notes that “the full-cock step on the hammer had been severely damaged, the top of the trigger’s sear was broken off and the bolt (cylinder stop) was also broken” as a result of the incident, adding that there were no signs of “any modification to the gun.”

In August 2022, a forensic report from the FBI also concluded that the “Supercell” actor must have pulled the trigger on the weapon, although Baldwin’s legal team has insisted that the gun was damaged during their testing and questioned its ability to be used as evidence against him.

According to the FBI’s report, the gun "could not be made to fire without a pull of the trigger" unless the hammer was "de-cocked on a loaded chamber" and "the hammer was struck directly.”

In December 2021, Alec Baldwin sat down with George Stephanopoulos on ABC News to maintain his innocence mere weeks after the shooting. "The trigger wasn't pulled,” he said at the time. “I didn't pull the trigger. I would never point a gun at someone and pull the trigger on them, never.”