Alec Baldwin seeks dismissal of grand jury indictment in fatal shooting of cinematographer
SANTA FE, N.M. — Alec Baldwin’s lawyers urged a New Mexico judge Thursday to dismiss a grand jury indictment against the actor in the fatal shooting of a cameraman on the set of the Western film “Rust.”
The January indictment charged Baldwin with involuntary manslaughter in the Oct. 21, 2021, death of cinematographer Halyna Hutchins at a film ranch on the outskirts of Santa Fe.
Baldwin has pleaded not guilty to the charges. His lawyers in a new lawsuit accused prosecutors of “unfairly stacking the deck” against Baldwin in grand jury proceedings that distracted from exculpatory evidence and witnesses.
That prevented the jury from carrying out their obligation to hear testimony from director Joel Souza, who was injured in the shooting while standing near Hutchins, as well as assistant director and safety coordinator Dave Halls and props master Sarah Zachry.
“The grand jury did not receive the favorable or exculpatory testimony and documents that the State was required to present,” said the court motion, signed by attorney Luke Nikas. “The grand jury was also not told that it had the right to review and the obligation to request this information.”
The motion also alleges that the grand jury received inaccurate and one-sided testimony regarding the revolver involved in the fatal shooting.
“Rust” gun dealer Hannah Gutierrez-Reed was convicted by a jury of the shooting last week and is being held without bond pending a sentencing hearing in April. Involuntary manslaughter carries a penalty of up to 18 months in prison and a $5,000 fine.
Baldwin was pointing a gun at cameraman Halyna Hutchins when the revolver went off, killing Hutchins and wounding Souza. Baldwin has maintained that he pulled back the gun’s hammer, but not the trigger.
Prosecutors accused Gutierrez-Reed during a two-week trial of unknowingly bringing live ammunition onto the set of “Rust,” where it was expressly prohibited. They also said she failed to follow basic gun safety protocols.
Halls pleaded no contest to negligent handling of a firearm last year and completed a six-month unsupervised sentence.
Baldwin will stand trial in July.