Alec Baldwin could still face charges in the Rust shooting, prosecutors say

Actor Alec Baldwin could still face charges in the fatal shooting on the set of Rust if forensic tests show the gun involved was not faulty, New Mexico prosecutors have revealed.

In a recent lawsuit, Santa Fe County prosecutors said they would decide within the next 60 days whether to file new charges after sending the gun that fired the deadly bullet for further investigation.

Baldwin, 65, was holding the Colt .45 Peacemaker revolver as a prop while filming his Western movie when it was released on set in October 2021, killing cinematographer Halyna Hutchins.

The actor had been charged with involuntary manslaughter, but that charge was dropped in April after prosecutors said new evidence showed the gun’s hammer had been modified, raising questions about whether the gun could fire without pulling the trigger .

Baldwin insisted he never pulled the trigger, but a previous FBI test of the gun had determined that it would not fire unless the trigger was pulled.

Now New Mexico prosecutors say the gun’s “sear,” which holds the hammer in a cocked position until the trigger is pulled, was damaged during testing by the FBI. They also think the hammer may have been modified.

Prosecutors say additional state independent expert testing is needed to see how the hammer was modified, the source of the modification and what impact it could have on the firearm’s performance.

“If it is determined that the gun was not faulty, the charges against Mr. Baldwin will continue,” prosecutors wrote in a lawsuit Friday in the case of Rust armorer Hannah Gutierrez Reed, who continues to face charges of involuntary manslaughter in the case.

“The prosecution expects to make a final indictment decision regarding Mr. Baldwin within the next 60 days,” added the motion from special prosecutors Kari Morrisey and Jason Lewis.

A Baldwin lawyer did not immediately respond to a request for comment from DailyMail.com Thursday night.

Miguel Custodio, a Los Angeles personal injury attorney not involved in the case, criticized prosecutors for publicly announcing the possibility of new charges, calling it “another mistake” in a case full of unforced errors.

“They created an unnecessary deadline for themselves by announcing that they would decide to charge Alec Baldwin within 60 days,” Custodio said in comments to DailyMail.com.

“They didn’t have to say anything, but now they have to make a public decision by mid-August or they’ll end up giving the impression that the case is going in chaos, just like the Rust set was. It’s a complete dysfunction,” he added.

Baldwin was initially charged with two counts of involuntary manslaughter, including one involving a firearms enhancement that could have added years to any prison sentence if convicted.

But the amended charge was dropped after it emerged it was filed under a law that did not exist at the time of the shooting, in an apparent rookie legal blunder by prosecutors.

The remaining charges were dropped in April after new evidence related to the deadly weapon, adding to the appearance of chaos.

The evidence apparently involved modifications to the reproduction long Colt .45 revolver Baldwin used in the scene.

“The change appears to be related to the notches in the internal portion of the hammer for the full cock, half cock and quarter cock positions,” prosecutors said in court documents.

“It appears that these notches have been partially removed or ground down to make them less noticeable.”

At this point, Gutierrez-Reed, the film’s arms dealer, is the only person still charged in Hutchins’ death. She pleaded not guilty to involuntary manslaughter.

Prosecutors Morrisey and Lewis have said that while the condition of the gun has important implications for the charges against Baldwin, it does not for Gutierrez-Reed.

Gutierrez-Reed has said that she loaded the live round into the revolver used by Baldwin, thinking it was a dummy round.

However, her lawyer has previously insisted that she never bought or had access to live ammunition and had no part in bringing a real bullet onto the set.

Prosecutors said in a recent filing that there is “some evidence” to support the theory that Gutierrez-Reed introduced the live round, pointing to four spent shell casings in her rifle equipment bag that appear to match live rounds fired on the set in New Mexico have been found.

Earlier this week, prosecutors suggested in a lawsuit that they were planning to pursue a legal strategy against Gutierrez-Reed that experts warn is highly dubious.

They are now basing part of their case against her on the idea that she was hungover after a night of drinking and marijuana use, which impaired her judgment on set.

Gutierrez-Reed’s lawyers claim prosecutors are resorting to character assassination by bringing up substance use that they say has nothing to do with the events on set.

Lawyers unrelated to the case say the prosecutor’s new “hangover” strategy will be difficult to prove and could backfire in front of a jury.

“Prosecutors saying she was ‘probably hungover’ sounds like a very weak assumption,” said Custodio, the personal injury attorney.

“Unlike a case where you have evidence that someone was drunk, such as a blood alcohol level, or evidence that someone was high, you can’t really prove that someone was hungover because there’s no evidence to confirm it,” he added. up to it.

“While both marijuana and alcohol hangovers are known to cause difficulty concentrating or memory problems, the prosecution is left with inferences and perhaps some testimony to try and prove that this was a factor that resulted in Hutchins’ death.”