Alec Baldwin could still face charges in connection with the fatal 2021 rust shooting.
Special prosecutors in New Mexico announced Tuesday that they intend to present their case to a Santa Fe grand jury against rust actor and producer, who they believe is responsible for the fatal shooting of cameraman Halyne Hutchins and the injuring of director Joel Souza on set.
NBC News first reported the development.
The case will be presented in the next two months, according to a press release, which reads: “A grand jury will determine whether there is probable cause to charge Baldwin with a crime.”
If convicted, Baldwin, 65, could face up to 18 months in prison.
“After an extensive investigation over the past several months, additional facts have come to light that we believe show that Mr. Baldwin is criminally responsible for the death of Halyne Hutchins and the murder of Joel Souza,” said Special Prosecutors Kari Morrissey and Jason Lewis.
“We believe the appropriate course of action is to allow the council of citizens of New Mexico to decide from here whether Mr. Baldwin should be held for criminal trial.”
Everything you need to know about Alec Baldwin’s ‘Rust’ shooting allegations and what happens next?
Baldwin’s attorneys Luke Nikas and Alex Spiro of Quinn Emanuel tell PEOPLE, “It is unfortunate that a terrible tragedy has turned into this misguided prosecution. We will answer all allegations in court.”
Morrissey and Lewis dismissed the manslaughter charge against Baldwin in April, citing “new facts” in the case. But they said at the time they reserved the right to charge him again.
Baldwin, a Western star and producer, was on the set of a movie in New Mexico in October 2021 when the gun he was holding went off, killing Hutchins and wounding Souza.
The Boss Baby star said he didn’t know the gun mistakenly contained a live round and claimed he didn’t pull the trigger.
After a lengthy investigation, prosecutors on January 31, 2023 accused the Emmy-winning actor of “grossly reckless actions” when they charged him and the film’s gunsmith Hannah Gutierrez-Reed. Gutierrez-Reed, who has pleaded not guilty, is scheduled to stand trial in February.
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Alec Baldwin on the set of ‘Rust’. Courtesy of the Santa Fe County Sheriff’s Office
According to a probable cause affidavit filed in the New Mexico Court of First Instance, Baldwin did not receive required firearms training; failed to ask Gutierrez-Reed to show him that the gun did not contain live ammunition; ignored the crew’s safety complaints; and placed his finger “on the trigger of a real firearm when a replica or rubber gun should have been used.”
In June, two months after the charges against Baldwin were dismissed, Morrissey and Lewis wrote in a court filing that the gun was sent to an independent expert for further testing.
“The charges against Alec Baldwin are dismissed without prejudice because the possible malfunction of the gun significantly affects causation as to Baldwin and not as to Gutierrez. If it is determined that the gun did not malfunction, charges will be filed against Mr. Baldwin,” they wrote.
A forensic report obtained by PEOPLE in August concluded that the propeller gun’s trigger must have been pulled “far enough” enough to cause the crash.
“Although Alec Baldwin repeatedly denies that he pulled the trigger, based on the tests, findings and observations herein, the trigger must have been pulled or depressed enough to release the fully cocked or retracted hammer of the evidence revolver,” reads the report by firearms expert Lucien Haag. and Mike Haag, who were hired by the state of New Mexico in its case against Hannah Gutierrez-Reed.
“This fatal incident was the result of manually pulling the hammer to the fully rear and cocked position followed at some point by pulling or pressing the trigger back,” they continued.
Earlier this year, Baldwin settled a wrongful-death lawsuit Hutchins’ widower filed against the 30 Rock actor.
Recording on rust halted after filming, but Baldwin and the cast resumed production earlier this year and finished the film in May.
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Source: HIS Education