Alec Baldwin Seeks To Dismiss Indictment, Claims ‘Rust’ Gun Was Destroyed

Actor Alec Baldwin is seeking to get the indictment against him dismissed with prejudice, claiming that the “Rust” gun had been destroyed during testing.

According to court documents obtained by The Blast, this key piece of evidence is vital in determining the actor’s innocence.

In January 2023, the “30 Rock” actor and armorer Hannah Gutierrez-Reed were charged with two counts of involuntary manslaughter in connection with the death of “Rust” cinematographer Halyna Hutchins. The charges were dismissed against the 66-year-old actor in April 2023, pending further investigation into the gun.

The defense claims that the gun was actually destroyed during FBI testing. A forensic examination done by law enforcement officials concluded that the trigger had to be pulled in order for the gun to go off, thus leading to charges being refiled against the actor in January 2024.

However, Baldwin has maintained that he never pulled the trigger on the gun.

In the latest filing to get the case against him dismissed, his legal team filed a motion to dismiss the indictment with prejudice since the gun has been reportedly damaged during testing. In the alternative, his legal team has suggested that the Court prohibit the state of New Mexico from telling the jury that Baldwin pulled the trigger.

Not only do they not want prosecutors to claim that he pulled the trigger, but they want to prevent them from presenting evidence that indicates that he might have pulled the trigger. Baldwin’s legal team also wants the ability to instruct the jury that he did not pull the trigger.

They claim that they will never be able to instruct their own independent testing on the firearm in its original state to determine whether pulling the hammer – as Baldwin states that he did – would have resulted in an accidental discharge.

In addition to the argument surrounding the gun, the other motion filed by Alec Baldwin’s legal team is in regard to the safety on set. His legal team argues that the “Supercell” actor could not have been aware of a substantial risk that his alleged actions could cause the death of Halyna Hutchins because he had no reason to believe that a firearm on a movie set would contain live ammunition.

“Ultimately, the State knows its case has this devastating flaw, which is why it has misstated the law of Involuntary Manslaughter and, in its continued effort to hide the defects of its case, claimed that it ‘has no obligation to disclose to (Baldwin] the theory of its case,’” the court documents state.

The filing goes on to state:

“If the State cannot allege that Baldwin was subjectively aware that his actions created a substantial risk of Hutchins's death, this is not a viable criminal case. And there is no conceivable way in which Baldwin could have been aware that pulling the trigger could result in death if he had no reason to believe that the firearm contained live ammunition-which the State admits he didn't. A gun with no live rounds does not pose a substantial risk of death, even if the trigger is pulled. The State cannot overcome that fatal problem with this case.”

In August 2022, the FBI finished its report on the gun and sent the report to the Santa Fe County Sheriff’s Office, which had been handling the investigation. Law enforcement officials determined that the weapon could not have been fired if the trigger was not pulled.

In a statement made at the time, Baldwin’s lawyer insisted that the findings of the FBI report were “misconstrued” and stated that the gun had been in “poor condition.”

In a primetime interview with ABC News that took place less than two months after the shooting, Alec Baldwin denied ever pulling the trigger on the gun. "I would never point a gun at anyone and pull the trigger at them. Never," he said.

"Someone is responsible for what happened, and I can't say who that is," Baldwin added. "But I know it's not me."