Alec Baldwin stands accused of the involuntary manslaughter of cinematographer Halyna Hutchins (top right) on the set of "Rust" (bottom right).
New Mexico prosecutors have dropped their involuntary manslaughter charges against Alec Baldwin in the "Rust" shooting, ending the actor's criminal prosecution, his lawyers confirmed to Law&Crime.
"We are pleased with the decision to dismiss the case against Alec Baldwin and encourage a proper investigation into the facts and circumstances of this tragic accident," attorneys Luke Nikas and Alex Spiro said in a statement.
In January, Baldwin and armorer Hannah Gutierrez-Reed were hit with two counts of involuntary manslaughter over the shooting death of cinematographer Halyna Hutchins.
Since that time, prosecutors have contended with a series of defeats. The duo that brought the case — First Judicial District Attorney Mary Carmack-Altwies and special prosecutor Andrea Reeb — stepped down within a matter of months, after losing multiple pre-trial rulings.
Both claimed Baldwin faced up to five years imprisonment on a firearm enhancement, which quickly fell apart. The defense said the enhancement didn't apply because it was drafted after the tragic shooting. Prosecutors ultimately agreed, dropping the allegation before the enhancement could be declare unconstitutional.
Reeb then resigned after Baldwin's legal team tried to disqualify her, arguing that she couldn't act as a prosecutor and a Republican state lawmaker under the state's prosecution.
Former federal prosecutor Mitchell Epner noted that the Baldwin case ends in the same matter that it sputtered since its inception.
"The prosecution of Alec Baldwin has been plagued for months by procedural SNAFUs by the prosecutors," noted Epner, a partner at Rottenberg Lipman Rich PC. "They charged an enhancement for use of a weapon the violated the Ex Post Facto clause. They selected a special prosecutor who was running for State Assembly, which precludes her from continuing in that role after she won her election."
As Baldwin's alleged culpability over Hutchins' death won't be litigated in this case, Epner added: "The prosecutors in this case have a lot of explaining to do."
In a statement late Thursday, special prosecutors Kari Morrissey and Jason Lewis said:
"Over the last few days and in preparation for the May 3, 2023, preliminary hearing, new facts were revealed that demand further investigation and forensic analysis in the case against Alexander "Alec" Rae Baldwin, III. Consequently, we cannot proceed under the current time constraints and on the facts and evidence turned over by law enforcement in its existing form. We therefore will be dismissing the involuntary manslaughter charges against Mr. Baldwin to conduct further investigation. This decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled. Our follow-up investigation will remain active and ongoing."
The prosecutors said charges against Hannah Gutierrez-Reed remain unchanged and made no further statements.
Reed's attorneys Jason Bowles and Todd Bullion predicted victory for their client, too.
"The new special prosecutor team has taken a very diligent and thorough approach to the entire investigation, which we welcome and have always welcomed," they wrote in a statement. "They are seeking the truth and we are also. The truth about what happened will come out and the questions that we have long sought answers for will be answered. We fully expect at the end of this process that Hannah will also be exonerated."
"Rust" assistant director David Halls pleaded guilty to a lesser charge late last month, receiving a suspended sentence from Judge Mary Marlowe Summer.
The startling development falls just weeks before an anticipated preliminary hearing in the case, in which prosecutors planned to call a list of 35 witnesses.
No document acknowledging the dropping of any charges has been made publicly available.
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