In October 2021, Alec Baldwin accidentally killed his coworker Halyna Hutchins on the New Mexico set of Rust. He was rehearsing a scene with what he thought was a prop gun with no live ammunition. Apparently, the armorer handed him a real gun with live ammunition, and the whole thing went sideways, killing Halyna and injuring Joel Souza. For years, there’s been back-and-forth about what to call this legally – manslaughter, murder, negligence, or a complete accident. For what it’s worth, I thought the armorer Hannah Gutierrez-Reed was at fault (and she’s already been convicted of involuntary manslaughter) and that Alec Baldwin was guilty of – at most – criminal negligence as the producer of Rust. But even then, it seemed like a pretty difficult case to try. Which is why there was so much back-and-forth about the charges. Last year, the New Mexico prosecutor dropped the involuntary manslaughter charges… and then a short time later, the charges were brought back. The trial was about to begin next week. But now the case has been dismissed:
In a stunning turn of events, the judge in Alec Baldwin’s involuntary manslaughter trial dismissed the case Friday, agreeing with the actor’s lawyers that prosecutors hid evidence that may have been linked to the fatal shooting of cinematographer Halyna Hutchins on the set of the Western movie “Rust” in 2021.
“There is no way for the court to right this wrong,” said 1st Judicial District Judge Mary Marlowe Sommer. “The sanction of dismissal is the only warranted remedy.” The dismissal was with prejudice, meaning the involuntary manslaughter case against the actor cannot be filed again.
Baldwin, 66, sobbed and put his face in his hands as Sommer announced her decision. He then embraced his wife, Hilaria Baldwin, as lawyers and spectators started filing out of the courtroom. Baldwin could have been sentenced to up to 18 months in prison if the jurors had unanimously agreed he committed the felony. The actor was rehearsing a scene at the Bonanza Creek Ranch in Santa Fe County on Oct. 21, 2021, when the prop revolver he was holding went off, killing Hutchins, 42, and wounding director Joel Souza. The actor had pleaded not guilty. He claims that he was not aware the revolver contained a live round and that it discharged accidentally after he followed instructions to point it toward Hutchins.
Baldwin’s lawyers asserted that the Santa Fe County Sheriff’s Office took possession of live rounds of ammunition as evidence but did not record them in the official case file or reveal their existence to the actor’s defense team. Kari Morrissey, the special prosecutor in the case, insisted the disputed ammunition was not linked to the case or hidden from Baldwin’s lawyers. Morrissey said after the ruling that she was disappointed by the court’s dismissal and disagreed, but respects the decision.
“I believe the importance of the evidence was misconstrued by the defense attorneys,” Morrissey told reporters outside court.
So, the case was dismissed on a technicality. It would have been difficult to get a conviction anyway, in my opinion, and this whole situation has gotten pretty ridiculous. Halyna Hutchins’ death was an absolute tragedy and it should have never happened. There was absolutely no reason for any actor to handle a real gun with live ammunition. But I always thought that the drive to criminally charge Baldwin was partially politically motivated and partly because he’s… Alec Baldwin, you know? There was so much hesitation to say: this was a god-awful accident on Alec’s part.
Photos courtesy of Backgrid.
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- New York, NY – Alec Baldwin and his wife, Hilaria Baldwin on the red carpet with Kerry Kennedy and Fran Drescher at the Robert F. Kennedy Jr Ripple of Hope Gala in New York City. Pictured: Alec Baldwin, Hilaria Baldwin BACKGRID USA 6 DECEMBER 2023 USA: +1 310 798 9111 / usasales@backgrid.com UK: +44 208 344 2007 / uksales@backgrid.com *UK Clients – Pictures Containing Children Please Pixelate Face Prior To Publication*
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- New York City, NY – Alec Baldwin and Hilaria Baldwin take a united stroll, facing the media storm after allegations of Alec’s emotional unpredictability and dishonesty on the ‘Rust’ set surface, following the tragic accident. Pictured: Alec Baldwin, Hilaria Baldwin BACKGRID USA 8 APRIL 2024 USA: +1 310 798 9111 / usasales@backgrid.com UK: +44 208 344 2007 / uksales@backgrid.com *UK Clients – Pictures Containing Children Please Pixelate Face Prior To Publication*
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- New York City, NY – Alec Baldwin and Hilaria Baldwin take a united stroll, facing the media storm after allegations of Alec’s emotional unpredictability and dishonesty on the ‘Rust’ set surface, following the tragic accident. Pictured: Alec Baldwin, Hilaria Baldwin BACKGRID USA 8 APRIL 2024 USA: +1 310 798 9111 / usasales@backgrid.com UK: +44 208 344 2007 / uksales@backgrid.com *UK Clients – Pictures Containing Children Please Pixelate Face Prior To Publication*
Not to take anything away from the victim’s family, but as I watched the video of him as the judge read the decision and my heart broke for him. Having to live with what happened will weigh on him for the rest of his life.
It was an accident. Alec had no idea the gun had real bullets in it when he pulled the trigger. Those prosecutors who used shady tactics such as hiding evidence should be disbarred and tried for intentionally trying to convict an innocent man.
It was an accident but one of the rules of responsible gun handling is you assume a gun is loaded until you verify it isn’t. You don’t take the word of others.
@visadiva did you see the pictures? The props are supposed to have bullets in them that look real. I know I wouldn’t have been able to tell they were fake or not. Especially since there weren’t supposed to be any real bullets on the set at all. My question is, at that stage, rehearsal, should there have even fake ones in it? That’s what could means, right? Completely empty?
No. This isn’t in the case in Hollywood productions. There is a person responsible and it is not the actor. In fact, an actor checking a gun after the armorer has done their job is a violation of work place safety rules. In this case the armorer didn’t do her job. It was her fault. The end.
I agree, Nikkik. On set, the firearms experts are responsible for clearing the prop. Think of all the dumb/irresponsible actors that are out there, and imagine them being the last line of defense against an improperly loaded gun, or debris being where it shouldn’t be. That’s not safe. There’s a very distinct order of possession and clearance before it’s placed in the actor’s hand. The person at the top of this system failed in her responsibility in this situation.
@Visa Diva, the person responsible for verifying the gun’s safety declared it “cold” next to Alec and the prosecutor gave him a deal with no jail time. I know some actors check the gun themselves to make sure, but this isn’t the actor’s legal responsibility. Imagine a movie with lots of background actors with guns. They don’t have time to make sure all of them get through safety training to know how to check the gun. That is why you get a person who specifically does this job.
I don’t like AB, but this was not his fault. The person responsible is in jail. There are no winners here. I don’t think it will ever be easy for Alec knowing what he did, despite not being responsible.
I have to say Dave Hall didn’t check the gun before calling out cold gun and he got a plea deal with no jail time. So not everyone responsible is in jail.
There are basic gun safety rules that must be followed. All guns are loaded until you prove they are not. You never point a gun at a living thing unless you intend to kill it.
Agree this isn’t criminal, but it should be. If we choose to handle items that are specifically designed to kill, they must be treated with the upmost respect. It doesn’t matter who you are or if it is “your job”. It is inappropriate that anyone would be so cavalier with a weapon. There are no accidents with guns.
Anytime I am in proximity of a gun, I remove the clip and open the chamber. If my Dad, who is an accomplished marksman and gun safety nut, tells me it is unloaded, I will still check. Everytime, and again if is has been out of my sight. This is a matter of life and death.
Alec is culpable. Our laws need to catch up.
No, it is safer for firearms experts to be in charge of the weapons on set, not inexperienced actors. It makes things less safe to have actors messing with it after it has been cleared.
Those are the rules for normal gun handlers. The armorer sets the firearm up as it should be. The actor is to do what is called for, nothing more, nothing less. The firearm could be rigged for a stunt, whatever. I agree that there is no need for actual firearms on set these days, but Alec Baldwin isnt culpable for it being loaded with live ammo. The armorer is.
Please stop. You are wrong. We are talking about a Hollywood set where there are strict rules, guidelines and protocols around weapon safety. This isn’t you going to a friends house to go shooting. An actor messing with a weapon after it has been checked by those hired to do the job, is a huge violation and it does not and should not happen.
KateK,
I have handled guns since I was a pre-teen, and attended safety classes as well. Yes, I know the rules regarding personal firearms, but this was not a personal weapon, it was a Prop gun and the responsibility of the armorer and no one else. No one.
What unbelievable tosh.
Good heavens, no! You don’t want any idiot actor who just learned how to even hold a gun for the first time to be the one checking! That’s why they hire armorers, professionals, people qualified to know.
If you are posting this from the states then all your gun laws are nonsense. It should be the same gun laws in all states and mandatory training for all gun holders with most types of guns banned except for military use.
Trying to blame an actor on a movie set for something he was told was safe is just some weird bitterness again Baldwin personally.
He’s not. Acting and using a prop has got nothing to do with gun handling. An actor’s only job is acting and it’s a breach of protocol for an actor to check a gun. That’s why they pay people. Why there were live bullets on the set at all is a major issue. That the armourer allowed that is a major issue. That’s why she was convicted.
Stop applying gun rules to acting. It’s silly.
I charge and convict him of being an arrogant jerk. Not a crime. Btw, one of the pieces of evidence that we’ll never see now is a text message to his wife right after the shooting asking her to come to New Mexico: “We can have a good time.” I think one of the things the prosecution was relying on was general distaste for Alec Baldwin. Hopefully, it wouldn’t have been enough.
He was likely in shock and had no idea what he was saying. This happens frequently in situations such as this when the body is protecting itself from trauma. My friend’s father died of heart attack moments after he came in the house from shoveling snow (she watched as her fiance attempted CPR). I called her later that day (this was in the 80s before cell phones & texting). She told me all about what happened then then was telling me about having her hair done that day.
The person who is really responsible is in prison and am outraged that her father is now saying that they are going to use this ruling to get her off. She has never shown any remorse for what happened – all she’s done is whine about it.
I hope Halyna’s family find peace and wishing them all the blessings.
Jason Bowles knew about this evidence and rejected it. Since it was too late for testing, and it could have connected Hannah even more. Since Tedsky was telling LE these where Thell’s bullets.
Of course, they will run with anything to try and get her out or this case overturned.
But what a blunder. It wasn’t for LE or Kari to decided what had evidentiary value or not. It all should have been under the Rust trial case#. And let the defense decide what to do with it.
There was a theory floating around that Seth had put live bullets scattered on set. To get Hannah fired. I don’t personally believe it. But the defense could have raised it to create reasonable doubt. If there was even a chance the bullets were connected to the death of Halyna.
They intentionally hid evidence from Alec’s lawyers. I understand Alec isn’t a good man, but this trial should have never happened, at least not him as an actor. Now, he can’t be retried again for this. They could go after all the producers for not ensuring a safe environment in the workplace, but they wanted to get headlines by only going after Alec. If he was convicted, the case would be a bad precedent for the industry. There are many small actors, who could get into trouble and they don’t have the financial power of Alec. I don’t know if it was politically motivated, it could easily be the prosecutor wanting to get some publicity for himself in the media.
The irony is Alec potentially has a very good lawsuit against law enforcement and the special prosecutor after which any further charges would reek of retaliation.
Oh my goodness, I hadn’t even thought of that. Her previous cases are definitely being examined, you are so right. And the Bar is definitely investigating her as well.
I don’t know if you all remember the Duke Lacrosse rape case. Some similarities here (overly ambitious prosecutor who withheld evidence, targeted defendants with seemingly deep pockets although only one came from money). That prosecuting attorney was not only disbarred, he was also briefly jailed for prosecutorial misconduct.
Hiding evidence isn’t a technicality. The prosecutor said on the stand that the evidence would have been her best evidence against Hanna. Directly after she claimed it wasn’t related to the Rust case at all. The judge made the correct call. The victims family can only blame the prosecution.
you are correct, what they did was prosecutorial misconduct for which those involved should be disbarred
I agree, Lulu. The Special prosecutor Kari Morrissey should be disbarred. The crime scene tech was told to enter the new evidence under a different case number so it wasn’t tied to the Rust case in their system (even though the retired officer that brought them in said they were related).
The smirk on her face when the judge was reading the decision showed she needs to be removed for a courtroom. Intentionally concealing evidence should mean disbarment.
Completely agreed. The case was dismissed for police and prosecutorial misconduct that interfered with Baldwin’s rights to a fair trial. The Constitution is *NOT* a technicality.
The SFSD and the prosecutors F’d around and this is how they find out. If the sanctions were lower they would keep f’ing around.
It’s too bad because I think Baldwin f’d around and he should have found out. He’ll still be on the hook for civil trials.
I strongly disagree that he is still on the hook for civil matters. What would the cause of action be for a civil action against him? Wrongful death? They would have to prove negligence to bring that forward. The elements of negligence are duty of care, breach of duty of care, damages, causation. But it’s already been established that his only duty of care was to follow the standard procedures on set, which was to not mess with the gun after it was deemed safe by the expert. He didn’t breach that duty of care as he followed well established procedures. You must prove all four elements of the cause of action beyond a preponderance of the evidence (lower burden in civil matters, it’s not beyond reasonable doubt which is criminal matters). I don’t see how they would meet at least two of the four elements.
My guess is the family already received a settlement from the studio / production company for their own negligence. I highly doubt the family files a civil claim and if so, it won’t be against Baldwin. They wouldn’t have a case against him.
The only person who is likely to file a civil lawsuit is Baldwin himself, against the studio for negligently hiring someone who didn’t keep the set safe, and with the city for prosecutorial misconduct. His damages will be great if he goes that route. How much money has he already lost in unearned wages because of this? Will he have lost future earnings? Plus emotional distress? He could even go with intentional inflection of emotional distress. I think there will be a settlement in his future, if it hasn’t already occurred.
Any other attorneys feel free to correct me if I am wrong! This isn’t the type of law I practice and I graduated law school in ‘08 so my analysis may be incorrect.
@BerkelyFarm – by the way I am sorry if my response sounded combative towards you. This whole situation has me fired up and I sounded more feisty than I intended. The whole situation is upsetting and was completely avoidable by not putting in real bullets, and an innocent life was lost, and others injured. And now the family has had to endure this trial as well. Again, I am sorry for my tone. My frustration isn’t with you.
Alec already settled with the family for a financial settlement. The problem is Alec hasn’t paid them. The family may take him to court for it. I have read.
@Elle, anyone can bring a civil suit and the standards are much less stringent for them.
He may not be found liable, but then again he might. But he won’t be going to jail because the government screwed up.
I happened upon her grave site the other week while walking through Hollywood Forever Cemetery (it has a beautiful park-like serenity). Its tragic and it must weigh on Baldwin’s conscience but I can see why the case was dismissed. There’s too many variables of what happened on that set, and ultimately you cannot know 100%
They used to, maybe they still do, show movies there. It is beautiful.
Oh yes, they still do, through an event or organization called Cinespia. I went recently for a movie, and it felt like a nice and perfectly respectful use of that beautiful resting space.
At most I thought Alec was maybe guilty of negligence. Even if a gun is unloaded it’s basic safety that you shouldn’t point a gun at people. Shame on the prosecution for hiding evidence. It always baffles me that attorneys are more interested in the win than justice.
Imagine how often that this is done in the US. This is just one instance and due to Baldwin having money, he had good attorneys. Not everyone is afforded such luxury and justice should not have a price, but it does.
Sorry, I am becoming old and jaded and I swore that would never happen, LOL.
@Seraphina, you don’t sound old and jaded, you sound aware of the broken justice system in this capitalist country. The privatization of prisons has lead to even more miscarriages of justice as sacrifice to greedy gods.
@Louise177: there was always zero reason to have real guns on set let alone live ammunition. A replica of that antique gun would have been just as authentic and Halyna Hutchins would still be alive.
Real guns are cheaper than fake guns. And Alec made it clear he wanted a big gun.
I watched a YouTube video of the motions hearing over the evidence (attorney and legal nerd). The judge was almost vibrating with anger and the prosecutor called herself as a witness to try and fig out of the hole she was in which is never a good idea even the judge tried to hint at her not to do it. The defense destroyed the prosecution witnesses trying to explain why this evidence alone eas put in a separate box. It was mind blowing. The judge made the right call and I agree this was political. Baldwin should be sued as one of the producers not charged as a criminal. His behavior was gross but the person who caused the accident was the armorer.
A. Baldwin will still get sued in a civil case.
Wow, that is bad. What an idiot that prosecutor was.
This was one hundred percent the correct call by the judge. The prosecutor committed a Brady violation and the defense had a right to examine the evidence that might have been favorable to them. The prosecutor should be permanently disbarred. Any prosecutor committing a Brady violation should be permanently disbarred.
💯 agree
I wonder if the prosecutor’s previous cases will be examined. This can’t be the first time.
@sevenblu Kari Morrisey is not a prosecutor. She is a defense attorney that was appointed as a special prosecutor just for the Rust trials. She can’t even be fired since she never worked from the New Mexico Prosecutors office.
I 100% think she will be sanctioned for her actions. But I doubt she will lose her bar card.
This tragedy had this state attorney’s office overzealous in what they charged him with. In fact, they originally charged him with something far different, a misdemeanor, which would have resulted most likely in no jail time, but with probation. They gave him a certain amount of time to accept it but rescinded the offer halfway through the time they allotted him to think about it and confer with his lawyers as to whether to accept it, announcing their intent to go after him with stronger charges.
I’ve always said this whole process going on for years has shortened Alec’s life because of the constant stress he has been under.
Ultimately, my heart and thoughts are always with Halyna Hutchins’ husband, child, and the rest of her family regarding the loss of Halyna which never had to happen. But the State trying to convict Alec with this charge was not justice.
I feel for Halyna Hutchins family. They did not get the answers and closure they deserved. I understand that there is a civil lawsuit by Halyna Hutchins family against Alec Baldwin still ongoing. I hope this gives them some peace.
In regards to the criminal case to withhold evidence from the defendant by the prosecutor is not excusable and outrageous. Why were they hiding it? Therefore the judge had no choice to dismiss the case.
I don’t know if you can call them hiding the fact that they found several of other props with live ammo in them a “technicality.” Unfortunately, this tragedy was inevitable on that set.
Where does the buck stop with this? Is it just at the armorer? Is the the who orders and receives all the weapons? How did live ammo get on the set at all? Is there no one higher who is there to ensure the safety of the entire set? What about the person who decided to continue production AFTER the majority of the crew walked off and quit? I think it was right for this charge to be dropped but I don’t think this whole thing is resolved.
Also it’s wild that real guns are cheaper than good fakes.
Steph, it’s obvious they don’t want to shut down the other actors careers.
The prosecution must know by now the actors was playing with live ammo. The actors were bragging about the armor being great before the tragedy.
Profoundly disturbing—tragedy was inevitable, a point that the prosecution hoped to gloss over. Just before the judge’s decision was rendered, some harrowing camera footage circulated TikTok in which actor Jensen Ackles was being questioned by investigators. The line of questioning made evident that they’d discovered still more live ammo in his wardrobe/bandolier, and he broke down at the utter horror of it. How did it happen? Who is responsible?? So much time and so many resources were wasted in the sprint to assign blame, rather than figuring out what actually happened
One thing I liked about Jensen’s interview with the police. Was he checked the gun for safety when he received it. By pointing it down and pulling the trigger. He made it clear Armorers hate that. But he made sure the gun was safe that he was handling. He was a gentleman in that interview. But it was clear to me he did not trust Hannah one bit.
I don’t think anyone will disagree that Alec Baldwin is a jerk, but it’s also obvious to all that this was a tragic accident. Like many here have said he has to live with what he did and that’s punishment enough. Maybe he deserves a fine for bad management of the set, but he never meant to hurt anybody. The armourer deserves the blame here and she’s been charged. It’s time to let the family of the victims move on and heal.
It’s not his fault but he was reckless!!!! Alec was the senior member on that set and this was not his first time with weapons. He should’ve checked the gun!! I’m surprised he didn’t check but filming had been fraught with problems. He could’ve just been tired.
I blame the guy who gave him the gun and said “cold gun”. He started this terrible event. Whoever hired the terrible armor should be ticketed. Nicolas cage complained about her on a previous set not long before this!! nepotism got her the job and no one checked her. She was teaching the young actors how to shoot with live ammo. None of them complained!!! They hired her to bring attention to the movie!! It went bad!!
I feels bad for Hylena family. When the guilds left for safety issues she should’ve left as well. Not leaving cost her her life!