How Can Alec Baldwin Be Charged Again for the Shooting of Halyna Hutchins? A Legal Expert Explains

On Friday, Alec Baldwin was charged with involuntary manslaughter in connection with the fatal shooting on the set of 2021. rust.

But those following the tragic death of videographer Halyne Hutchins may be confused: How does Baldwin, 65, go back to court after involuntary manslaughter charges were filed against him in January 2023 and dismissed three months later?

Baldwin was holding a revolver during set rehearsals when it fired, killing Hutchins and wounding director Joel Souza. With a new indictment by a New Mexico grand jury, the western producer and star faces up to 18 months in prison, according to The New York Times.

Special prosecutors Kari Morrissey and Jason Lewis dismissed the initial charges against Baldwin in April citing “new facts” in the case, and said at the time they reserved the right to charge him again. In October, they announced: “Following 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 killing of Joel Souza.”

Expert Kate Mangels, a criminal defense attorney based in Southern California, tells PEOPLE why the grand jury — after seeing such new facts — decided to re-determine whether Baldwin’s involvement in the incident merited a criminal trial.

(Left to right:) Halyna Hutchins, Alec Baldwin and Joel Souza. Getty (3)

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What is the latest update on rust recording case?

Hutchins’ family attorney, Gloria Allred, said in response to Friday’s indictment: “The grand jury has determined that there is sufficient evidence to indict Alec Baldwin for involuntary manslaughter. We look forward to the criminal trial that will determine if he is convicted in Halyn’s untimely death. ”

Unlike the charges brought against the actor last January, Mangels says, “These charges are being brought by a grand jury, so the prosecution and the original district attorney’s office can recuse themselves from it.”

A grand jury, she continues, “is empaneled or selected to hear charges or potential charges, and it hears the prosecution and potential witnesses. They do not hear from the defenders. So it’s not a completely adversarial process like a trial.”

All the New Mexico grand jury needs to determine in this case, Mangels said, is whether there is “enough evidence to hold someone on these charges, not whether there is enough evidence to convict someone on these charges.”

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In addition, Baldwin’s new indictment includes “two counts that are triable — one or the other, not both,” Mangels says.

Both counts are considered “different theories of involuntary manslaughter,” she explains: negligent use of a firearm and involuntary manslaughter without due care or caution. “The grand jury kind of puts it in front of the people, in front of the prosecution, saying it’s up to you to decide what you want to charge him with.”

Alec Baldwin 2023.

Elder Ordonez/SplashNews

Why was Baldwin charged again?

Investigating rust incident, the state of New Mexico hired firearms expert Lucien C. Haag to prepare a forensic report obtained by PEOPLE in August. The report states that the revolver’s trigger must have been pulled with sufficient force to cause the accident: “Although Alec Baldwin repeatedly denies that he pulled the trigger, based on the tests, findings and observations reported here, the trigger must have been pulled or squeezed sufficient to release the fully cocked or retracted hammer of the evidence revolver.”

But on Friday, The New York Times indicated that there was a problem with the gun tested. The publication reported, “In order to conduct the testing, Mr. Haag had to replace parts of the gun that had been damaged by the FBI during his own analysis.”

Rust Crew member details troubled ‘Red Flag’ on set ahead of fatal shooting

“Part of the new evidence that the public is aware of is that the firearm was tested, and it was a partially original, partially reconstructed firearm,” Mangels tells PEOPLE. “Based on that new evidence, the new prosecution team felt there was enough evidence to re-indict him.”

While it remains unclear what exact testing was done, “it’s certainly unusual for there to be inconsistent results and tests by the government, and that’s going to be a problem,” Mangels says, if the case goes to trial.

It is likely that errors or inconsistencies in the testing of firearms “will be a major sticking point in the trial,” she adds. “Baldwin’s defense attorneys will focus on the fact that it was a partially reconstructed gun, they will focus on any inconsistencies, if any, between the multiple tests, just to cast doubt on the accuracy of these tests and whether they are indeed sufficient. to determine the ultimate question of whether or not the trigger was pulled.”

What is happening now?

While “the answer is always that it’s impossible to predict,” Mangels has theories about what attorneys for both sides in the case will focus on if Baldwin appears in court.

However, don’t be surprised if the next development in the case is that Baldwin’s legal team tries to prevent that appearance at all. “I think Alec Baldwin’s lawyers are going to do everything they can to get this case out of the way in some sort of preliminary filing before it even goes to trial,” Mangels says.

Alec Baldwin on the set of the movie “Rust”. Splash/Backgrid / SplashNews.com

“I’m sure there will be arguments from Mr. Baldwin’s attorneys that the prosecution should continue only for harassment or other reasons and not in the interests of justice. There are motions that can be filed to dismiss the charges based on the government’s conduct.”

But if the case does go to trial, the hearings are likely to focus on the gun and the forensic report on it. Baldwin’s side will “focus on the insufficiency of the evidence, particularly in the testing,” Mangels theorized.

“I would expect there to be extensive testimony from experts who either conduct these types of firearms tests or can speak to the validity of firearms testing. Not everything will be eyewitness testimony about what actually happened that day. That will be an additional testimony to these tests.”

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Another factor that makes this case noteworthy is that rustThe gunman, Hannah Gutierrez-Reed, was also previously charged with manslaughter. She has pleaded not guilty and is due to go on trial in February in a separate trial.

Depending on how the Gutierrez-Reed trial progresses, Mangels says, “it will certainly affect the testimony” in Baldwin’s case. “The outcome of that trial would certainly be closely watched by Baldwin’s team,” she says, as it unfolds on “another timeline.”

Hannah Gutierrez-Reed. TheImageDirect.com

If Baldwin is tried and acquitted, can he be charged again?

One of the few certainties in this case, according to Mangels, is that if 30 Rock Emmy winner is tried in court and found not guilty, new manslaughter charges cannot be brought because “it raises constitutional issues of double jeopardy.”

There’s a statute of limitations on criminal charges that means prosecutors “can’t keep doing this forever,” Mangels says. “You cannot be tried twice for the same charge. The reason new indictments could be filed here is additional evidence and the fact that he was never brought to court on those charges.”

After resuming production on rust in Montana in April 2023, Baldwin announced that the film was completed the following month.

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Source: HIS Education