Alec Baldwin's 'Rust' shooting trial dismissed with prejudice, judge rules
Judge Mary Marlowe Sommer threw out the involuntary manslaughter case against Alec Baldwin in the middle of his trial and said it cannot be filed again.
The decision comes after Sommer granted defense attorneys a motion to dismiss the case.
According to the Associated Press, defense attorneys filed a motion over what it says is ammunition evidence the prosecution hid from them that may be related to the shooting death of cinematographer Halyna Hutchins on the set of the film "Rust" in 2021.
The 66-year-old actor cried and embraced his attorneys after the decision was announced.
Baldwin was charged with involuntary manslaughter and faced up to 18 months in prison if convicted in the October 2021 fatal shooting of Hutchins.
RELATED: Alec Baldwin shooting trial: Defense grills crime scene tech over search for live ammunition
Alec Baldwin attends his manslaughter trial at First Judicial District Courthouse on July 11, 2024 in Santa Fe, New Mexico. Baldwin is facing a single charge of involuntary manslaughter in the death of cinematographer Halyna Hutchins on the set of th
Here's a recap of Friday's court proceedings.
6 p.m. ET: Judge rules trial dismissed with prejudice
Judge rules Alec Baldwin's involuntary manslaughter trial has been dismissed with prejudice.
4 p.m. ET: Santa Fe Sheriff's Office corporal testifying
Corporal Alexandria Hancock of the Santa Fe County Sheriff's Office is on the witness stand being questioned by the defense and prosecution. Hancock testified briefly Thursday.
3 p.m. ET: Trial resumes with more testimony
Alec Baldwin's trial continues as the defense and prosecution question witnesses.
12 p.m. ET: Trial on hold as judge considers mistrial
The Alec Baldwin trial is on hold as the judge considers a mistrial.
11 a.m. ET: Defense attorneys are demanding a mistrial
After Alec Baldwin's defense attorneys discussed details of Thursday's trial with the judge, the group is demanding a mistrial while saying that the judge gave the prosecution a "fair chance."
BREAKING: Alec Baldwin defense teams calls for mistrial
Testimony resumes Friday on day three of the Alec Baldwin trial surrounding the shooting death on the "Rust" movie set in Oct. 2021. Baldwin's defense team demanded a mistrial while stating the judge gave the prosecution a "fair chance". . The 66-year-old actor was charged with involuntary manslaughter and faces up to 18 months in prison if convicted in the October 2021 fatal shooting of cinematographer Halyna Hutchins.
10:30 a.m. ET: Defense attorneys review information and testimony from Thursday
Attorneys in the case are going over information involving searchers for the live ammunition that ended up in Alec Baldwin's revolver on the "Rust" movie set and searches of Seth Kenney's warehouse.
Defense questioning Thursday focused on searches of Kenney's warehouse and a prop truck where his guns were kept in a safe. Kenney is an Albuquerque-based ammunition and weapons supplier to "Rust," who forged a cooperative relationship with investigators in the immediate aftermath of the fatal shooting, the Associated Press reported.
Kenney has not been charged with any wrongdoing.
Italian gunmaker Alessandro Pietta testified Thursday about quality control in the manufacturing process for the gun eventually acquired by an Albuquerque-based gun and ammunition supplier to "Rust" and handled by Alec Baldwin in the fatal shooting. It was shipped in 2017, and Pietta last examined the gun in 2018 through a sales and distribution company.
According to the Associated Press, the source of the gun, and its use for several years in trade shows, is under the microscope as defense attorneys raise concerns that the gun might have been modified or might otherwise discharge under some circumstances without a trigger pull.
‘Rust’ movie shooting
A dozen people were inside a movie set church the day Alec Baldwin shot and killed cinematographer Halyna Hutchins and wounded director Joel Souza during a rehearsal for the Western film "Rust." It happened Oct. 21, 2021.
The crew was rehearsing in the small church on the movie set at Bonanza Creek Ranch in New Mexico.
Baldwin, the lead actor and co-producer of the film, has claimed the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware that it was loaded with a live round, he said he pulled back the hammer — not the trigger — and it fired.
A judge has ruled his role as co-producer of the film is not relevant to the trial, a significant victory for the defense.
RELATED: Rust movie shooting: Jury convicts movie armorer of involuntary manslaughter
Alec Baldwin trial
Alec Baldwin’s trial, which is taking place in Santa Fe, began the week of July 9 with jury selection. It’s expected to last nine days, with opening statements on Wednesday, July 10, and closing statements Friday, July 19, if things stay on schedule.
Baldwin is charged with felony involuntary manslaughter, and prosecutors have two alternative standards for proving the charge:
- Baldwin carried out negligent use of a firearm.
- Baldwin acted with total disregard of indifference to the safety of others.
The 12 jurors will have to reach just one verdict — guilty or not guilty — on a single count.
Alec Baldwin 'Rust' shooting bodycam released
Police have released body camera footage from the scene of the "Rust" film set where Alec Baldwin fatally shot Halyna Hutchins while filming a scene for the movie. The shooting is still under investigation and a wrongful death lawsuit has been filed against the production and Baldwin on behalf of Hutchins' family.
Two major themes are likely to emerge through questioning: the chaotic atmosphere of the movie set, and the details of the Italian-made classic revolver that Baldwin pointed at Hutchins.
The trial will be streamed and broadcast by several outlets, including LiveNOW from FOX. Here’s how to watch.
Viewer discretion is advised, as the judge ruled graphic images from Hutchins' autopsy and from police lapel cameras during the treatment of her injuries could be shown.
RELATED: Where to watch LiveNOW from FOX
Is Alec Baldwin in jail?
No, Alec Baldwin has not been in jail while awaiting trial.
Baldwin remained free pending trial under conditions that include not possessing firearms, consuming alcohol or leaving the country. Baldwin can have limited contact with witnesses when it comes to promoting "Rust," which has not been released for public viewing. Baldwin is prohibited from asking members of the "Rust" cast or crew to participate in a related documentary film.
Will Alec Baldwin go to jail?
Baldwin, 66, could get up to 18 months in prison if jurors unanimously decide he committed the felony.
RELATED: 'Rust' movie medic awarded $1.15 million partial settlement
Judge Mary Marlowe Sommer
Judge Mary Marlowe Sommer is presiding over Alec Baldwin’s trial.
She also presided over the trial of Hannah Gutierrez-Reed, who was working as an armorer on "Rust" when the deadly shooting happened. Gutierrez-Reed was convicted of involuntary manslaughter and sentenced to 18 months, the same charge and sentencing Baldwin faces.
When sentencing Gutierrez-Reed in April, the judge told the defendant that anything less than the maximum sentence would not be appropriate, citing what she called recklessness.
If Gutierrez-Reed's trial is any indication, Marlowe Sommer will keep the attorneys on track and on schedule in what will be a high-profile proceeding.
Megan Ziegler and The Associated Press contributed to this report.