A prosecutor has requested a New Mexico judge to reconsider the dismissal of an involuntary manslaughter charge against Alec Baldwin in the shooting death of a cinematographer on the set of a Western movie. Special prosecutor Kari Morrissey argued that there were insufficient facts to support the previous ruling and that Baldwin’s due process rights had not been violated.
State District Court Judge Mary Marlowe Sommer had dismissed the case during trial due to evidence being withheld by police and prosecutors from the defense. The charge against Baldwin was dismissed with prejudice, meaning it cannot be revived after any appeals are exhausted.
During a rehearsal, Baldwin, who was both the lead actor and co-producer on “Rust,” accidentally fired a gun that he was pointing at cinematographer Halyna Hutchins, killing her and injuring director Joel Souza. Baldwin claimed that he pulled back the hammer but did not pull the trigger.
The evidence that led to the dismissal of the case was ammunition brought into the sheriff’s office by an individual who believed it could be related to Hutchins’ killing. Prosecutors deemed this ammunition unrelated and unimportant, while Baldwin’s lawyers argued that it was intentionally concealed and successfully moved for dismissal.
In her decision, Judge Marlowe Sommer described “egregious discovery violations constituting misconduct” by law enforcement and prosecutors, as well as false testimony about physical evidence during trial.
Prosecutor Morrissey argued in her request for reconsideration that this undisclosed ammunition was not relevant to Baldwin’s responsibility in handling a gun safely according to industry guidelines. She stated that defense attorneys were aware of this ammunition but chose not to view it before trial.
Baldwin’s lead attorney has yet to respond to Morrissey’s filing. Meanwhile, movie armorer Hannah Gutierrez-Reed is serving an 18-month sentence for involuntary manslaughter related to this incident. Another crew member involved in safety coordination also pleaded no contest for negligent use of a deadly weapon.
It remains unclear who brought live rounds onto set which resulted in Hutchins’ death; however, prosecutors allege Gutierrez-Reed is responsible. The mysterious ammunition was handed over by someone storing weapons for Thell Reed—Gutierrez-Reed’s step-father and mentor as a film-set armorer.
Morrissey has asked for defense attorneys to provide information on when they learned about this ammunition provided by Reed’s associate Troy Teske. Attorneys representing Baldwin have maintained his unawareness of live ammunition being present on set while accusing prosecutors of hiding evidence linking Gutierrez-Reed with live ammo found at “Rust.”
Gutierrez-Reed is seeking dismissal of her conviction based on allegations of suppressed evidence revealed during Baldwin’s trial. Additionally, she faces charges related to bringing a gun into a bar prior filming “Rust.” Defense attorney Jason Bowles did not comment further on these matters.