SANTA FE, N.M. (KRQE) – A grand jury has indicted actor Alec Baldwin on an involuntary manslaughter charge. This comes as special prosecutors are seeking to recharge Baldwin for the deadly 2021 "Rust" movie-set shooting.
Baldwin fatally shot cinematographer Halyna Hutchins on the set of “Rust” in October 2021. The actor was rehearsing a scene in front of a camera when a gun he was handling fired, hitting Hutchins and the film’s director Joel Souza. Hutchins died shortly after the shooting while Souza survived his injuries.
Defense attorneys for Baldwin indicated they’ll fight the charge.
“We look forward to our day in court," said Luke Nikas and Alex Spiro, defense attorneys for Baldwin, in an email.
In October, New Mexico-based prosecutors Kari Morrissey and Jason Lewis announced they would be presenting the case to a grand jury and seeking to recharge the actor.
Baldwin was previously facing an involuntary manslaughter charge. However, special prosecutors dismissed the charge against Baldwin in April, saying they were informed the gun might have been modified before the shooting and malfunctioned. They later pivoted and began weighing whether to refile a charge against Baldwin after receiving a new analysis of the gun.
The analysis from experts in ballistics and forensic testing relied on replacement parts to reassemble the gun fired by Baldwin, after parts of the pistol were broken during testing by the FBI. The report examined the gun and markings it left on a spent cartridge to conclude that the trigger had to have been pulled or depressed.
The analysis led by Lucien Haag of Forensic Science Services in Arizona stated that although Baldwin repeatedly denied pulling the trigger, “given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver.”
Hannah Gutierrez, the armorer facing criminal charges in the "Rust" shooting has pleaded not guilty to involuntary manslaughter and tampering with evidence. Her trial is scheduled to begin in February.
An earlier FBI report on the agency’s analysis of the gun found that, as is common with firearms of that design, it could go off without pulling the trigger if force was applied to an uncocked hammer, such as by dropping the weapon.
The only way the testers could get it to fire was by striking the gun with a mallet while the hammer was down and resting on the cartridge, or by pulling the trigger while it was fully cocked. The gun eventually broke during testing.
The 2021 shooting resulted in a series of civil lawsuits, including wrongful death claims filed by members of Hutchins’ family, centered on accusations that the defendants were lax with safety standards. Baldwin and other defendants have disputed those allegations.
The Rust Movie Productions company has paid a $100,000 fine to state workplace safety regulators after a scathing narrative of failures in violation of standard industry protocols, including testimony that production managers took limited or no action to address two misfires on set before the fatal shooting.
The filming of “Rust” resumed last year in Montana, under an agreement with the cinematographer’s widower, Matthew Hutchins, that made him an executive producer.
The Associated Press contributed to this report.