Alec Baldwin could face new charges in the fatal shooting of a camerawoman on the set of his Western film Rust, prosecutors in New Mexico have warned – hours after the criminal manslaughter charge was dismissed.
The special prosecutors appointed to the case stressed on Thursday night that Baldwin had not been cleared.
Their statement came shortly after Baldwin’s lawyers said their client was ‘pleased’ and the actor posted a tribute to his wife on Instagram, thanking her for her support.
‘This decision does not absolve Mr Baldwin of criminal culpability and charges may be refiled,’ said Kari Morrissey and Jason Lewis.
Baldwin, 65, had insisted that he did not pull the trigger when the prop gun fired in October 2021, killing Halyna Hutchins, 42. The FBI said that was impossible.
Alec Baldwin is seen on Thursday arriving at Bozeman airport in Montana, to resume shooting of his Western film, Rust
Kari Morrissey (left) and Jason Lewis, special prosecutors in the Rust shooting case, issued a statement on Thursday evening saying they had ‘new facts’, which led them to dismiss the charges against Baldwin – but stressed he had not been cleared
Charges were dropped on Thursday because new evidence showed that the gun could indeed have fired without the trigger being pulled, a source told The Wall Street Journal.
The prosecutors confirmed they had obtained ‘new facts’ about the circumstances around the shooting, which led them to dismiss the existing charges against Baldwin.
The armorer who provided the prop gun, Hannah Gutierrez-Reed, is still being prosecuted as planned.
‘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,’ said Morrissey and Lewis in their statement.
‘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 on-going. Charges against Hannah Gutierrez-Reed remain unchanged.
‘No further statements will be made at this time.’
Rust armorer Hannah Gutierrez-Reed was charged alongside Baldwin in Hutchins’ death
Baldwin is seen standing next to Hutchins – a mother-of-one – on the set of Rust in October 2021
Baldwin speaks on the phone in the parking lot outside the Santa Fe County Sheriff’s Office shortly after the fatal shooting
Legal analysts said that the decision to dismiss the charges, but keep the door open to refiling them, was bizarre.
And their statement certainly takes the shine off Baldwin’s celebrations.
Shortly before, his lawyers, Luke Nikas and Alex Spiro, told DailyMail.com: ‘We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident.’
Baldwin arrived in Montana on Thursday to resume filming the movie, which was being shot in New Mexico at the time of Hutchins’ death.
He thanked his 39-year-old wife Hilaria, mother to his seven children, on hearing the news of the charges being dismissed.
‘I owe everything I have to this woman,’ said Baldwin, posting a photo to Instagram.
Baldwin added: ‘(and to you, Luke)’ – a reference to his attorney, Luke Nikas.
It was announced earlier this year that Baldwin would remain in the lead role for Rust and that another cinematographer would replace Hutchins
Despite the controversy, on Tuesday a spokesperson for Rust Movie Productions told CNN filming will continue at the Yellowstone Film Ranch in Montana
Cinematographer Halyna Hutchins was killed on the set of Rust in October 2021
Baldwin’s legal team have been waging a fierce battle on his behalf.
They have insisted that the Oscar-nominated actor was not responsible for the accident because he was told the gun was ‘cold’ – not loaded.
There should never be live ammunition on set, and Baldwin said he trusted the film crew to carry out their professional responsibilities in sourcing prop guns and dummy ammunition.
His lawyers also challenged the impartiality of the Santa Fe prosecutor, Mary Carmack-Altwies.
She was removed from the case in February, after Baldwin’s lawyers successfully pointed out that she could not oversee the case while running for state Senate.
Carmack-Altwies said she was committed to prosecuting Baldwin, arguing that no one – no matter how famous or wealthy – was beyond the law.
She said she was stepping aside for the good of the case.
‘My responsibility to the people of the First Judicial District is greater than any one case, which is why I have chosen to appoint a special prosecutor in the ‘Rust’ case. Kari Morrissey and Jason Lewis will unflinchingly pursue justice in the death of Halyna Hutchins on behalf of the people of First Judicial District,’ she said at the time.
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