Judge Rejects Alec Baldwin's Bid To Dismiss 'Rust' Indictment

Actor Alec Baldwin and his legal team have been trying to dismiss a "Rust" lawsuit against him ahead of its scheduled July trial date, but it seems that he will have to take a seat in court after all.

Judge Mary Marlowe Sommer, who also presided over the trial against "Rust" armorer Hannah Gutierrez-Reed, has decided that the "30 Rock" actor will stand trial for involuntary manslaughter charges in connection to the death of cinematographer Halyna Hutchins.

According to court documents obtained by The Blast, Alec Baldwin will stand trial in July 2024, as scheduled. His legal team had attempted to get the charges against him dismissed, claiming that it was impossible for him to know that there would be live ammunition in a gun found on a movie set.

“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," his legal team stated in a court filing. "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.”

Alec Baldwin was first charged with involuntary manslaughter in January 2023. However, charges were dropped against the “Supercell” actor in April 2024 without prejudice pending further investigation into the gun used in the shooting. In August 2022, a forensics examination conducted by the Federal Bureau of Investigations concluded that the firearm’s trigger had to have been pulled.

However, Baldwin has argued that he never pulled the trigger on the gun. In a primetime interview with ABC News that took place in December 2021, he insisted that he never pulled 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."

Although he has known that he would be facing involuntary manslaughter charges for a while, a source told People magazine that the 66-year-old actor is feeling the pressure of his upcoming trial. "Alec is stressed," the source said of the actor's mental state before the trial. "He is understandably worried."

Hannah Gutierrez-Reed was sentenced to 18 months in prison - the maximum allowed by the state - after a jury spent less than three hours deciding that she was guilty. The jury's quick decision, combined with the judge dolling out the state maximum, has made the actor understandably concerned about his own fate.

"He has an excellent legal team," the source continued. "I don't think anyone is thinking jail time, but given the decision for Ms. Gutierrez-Reed it’s hard to know."

The insider went on to say that Alec Baldwin did not expect to be facing criminal charges because he never expected to be firing a live gun on a movie set. "You have to understand that at the end of the day, Alec is a professional actor," the insider continued. "So when he's on set, you wind him up, you say action, he pulls out the gun and does whatever he's supposed to do on his job. Then suddenly he's facing criminal charges. It's like, how did that even happen?"

A legal expert, Emily D. Baker, told People magazine that Baldwin and his legal team are probably worried about the trial's outcome, especially since Hannah Gutierrez-Reed was sentenced to the state maximum of 18 months behind bars. Since the same judge is overseeing his case as well, it is possible that he could also face the state maximum.

“I imagine Baldwin and his legal team are going to have serious discussions about what it means if he is convicted," Baker said, pointing out that the rookie armorer's sentence was harsh for a first-time offender.

"Not only did she get 18 months, but she got 18 months as a serious and violent felony, which means she will have to serve 85 percent of that time," Baker added.