Alec Baldwin loses latest attempt to dismiss Rust manslaughter case

A judge has denied a final attempt by Alec Baldwin to dismiss a manslaughter charge against him following the fatal shooting of Halyna Hutchins, 42, on the set of his film Rust.

The decision comes two weeks before the actor is set to go on trial in New Mexico for the 2021 shooting that left the cinematographer dead.

New Mexico District Court Judge Mary Marlowe Sommer rejected the 66-year-old Mr. Baldwin's request to have the charge dismissed, saying it should be resolved at trial.

Proceedings are expected to begin July 9 with jury selection.

The Emmy-winning actor was holding a prop gun that fired during a scene rehearsal on the set of Bonanza City, New Mexico, on October 21, 2021, killing Ms. Hutchins and injuring director Joel Souza.

The film's armorer, Hannah Gutierrez-Reed, was sentenced to 18 months in prison in April after being convicted of the same manslaughter charge as Mr Baldwin.

In a five-page order released Friday, the judge wrote that “the accused [Baldwin] “Having a criminally negligent state of mind is a question of fact for the jury to decide” at a trial.

For the past two and a half years, Mr. Baldwin has maintained that he did not pull the trigger and did not know how live bullets ended up in the prop gun on the set of the western.

Mr. Baldwin's lawyers argued that since the most crucial evidence in the case — the gun — had been destroyed, the actor should be exonerated.

In 2022, an FBI examiner struck the weapon with a mallet as part of an accidental discharge test for his forensic analysis. The test shattered internal components of the gun, preventing it from remaining in the fully cocked position.

Josh Bash, the actor's attorney, argued that the tests deprived the defense of a full opportunity to examine the gun in its original condition.

“This is one of the most egregious constellations of facts I have ever seen,” Mr. Bash said during a virtual hearing on Monday.

They knew they would be destroyed and they did nothing to preserve the evidence for the accused.

“This is scandalous and requires dismissal,” he added.

But prosecutors have said Mr. Baldwin's team still has plenty of evidence for its defense, even though the gun is not yet intact, because all of the gun's parts are still available.

“A review of the evidence in this case leads to the conclusion that the exculpatory value of this firearm … is extremely low,” special prosecutor Erlinda Johnson said during the hearing.

Ms. Johnson then cited an interview the actor gave to Occupational Safety and Health Administration (OSHA) investigators, stating: “Baldwin himself told OSHA investigators that there were no mechanical defects in the gun.”

The defense asked that if the judge refused to dismiss the case, she should at least not allow any technical analysis of the firearms to be introduced at trial.

She has previously denied other motions to dismiss the manslaughter charge.

Mr. Baldwin was initially charged with manslaughter, but the charges were dropped after the local prosecutor's case failed.

Local prosecutors said they had gathered additional facts from forensic testing of the weapons, and Mr. Baldwin was subsequently re-indicted on a new count of manslaughter in January by a New York grand jury. Mexico.

In addition to the criminal case, Mr. Baldwin also faces several civil suitsincluding one brought by Mrs Hutchins' family.

In a negligence lawsuit, they claim the cinematographer's death was caused by reckless behavior.

The fact that live ammunition was allowed on a film set, that guns and ammunition were left unattended, and that defendant Baldwin inexplicably pointed and fired a gun at Halyna Hutchins, makes this a case in which injury or death was more than just a possibility; it was a likely outcome, the lawsuit says.

In May, Mr. Baldwin and his wife Hilaria announced that they and their seven children would star in their own reality TV show next year.

Mr. Baldwin was not present at any preliminary hearings, but is expected to be in court for the trial next month.