A New Mexico judge has declined to reconsider criminal charges against Alec Baldwin over the fatal shooting on the set of “Rust” in October 2021.
“Because the State’s Amended Motion raises arguments previously made, and arguments that the State elected not to raise earlier, the Court does not find the Amended Motion well taken,” the decision said.
The court dismissed the state’s application to reinstate involuntary manslaughter charges that were thrown out in July after it was learned during trial that prosecutors withheld evidence from the defense, namely ammunition brought to the Santa Fe County Sheriff’s Office.
Baldwin’s attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation was “concealed” from them.
The judge in the trial, Mary Marlowe Sommer, said the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”
Marlowe Sommer also issued the new ruling on Friday saying the charges would not be reconsidered for Baldwin.
“State does not raise any factual or legal arguments that would justify the grant of a motion to reconsider,” she wrote in the opinion.
Cinematographer Halyna Hutchins was killed on Oct. 21, 2021, when she was shot by Baldwin while he was practicing using a Colt .45 revolver. The prop gun, which Baldwin believed to contain dummy rounds, actually had a live round of ammunition in it. Director Joel Souza was also struck in the shooting, but recovered from his injuries.
“Rust” armorer Hannah Gutierrez was convicted of involuntary manslaughter in connection with Hutchins’ death in March. Prosecutors argued during the trial she was the source of the live bullet and had failed to follow safety protocols meant to protect the crew while handling the firearms.
Gutierrez is currently serving an 18-month prison sentence, the maximum for the offense.
Last month, Marlowe Sommer denied a motion from Gutierrez’s attorneys arguing she was entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State,” related to the same evidence that resulted in Baldwin’s trial being dismissed. Marlowe Summer also denied a separate motion from the defense seeking immediate release from detention.
The judge ruled the issues raised by the defense did not justify a new trial or dismissal, and that the state did not suppress the ammunition evidence in Gutierrez’s trial that was at the heart of Baldwin’s dismissal.
