New Mexico prosecutors have dropped their appeal to reinstate charges against Alec Baldwin in the fatal shooting on the set of his movie “Rust.” The First Judicial District Attorney’s Office announced on Monday that Special Prosecutor Kari Morrissey withdrew the appeal, originally filed in November. The statement explained that the appeal would have challenged the court’s dismissal of involuntary manslaughter charges against Baldwin in the October 21, 2021, shooting death of cinematographer Halyna Hutchins. The District Attorney’s office commended Morrissey’s work and expressed continued support for the Hutchins family’s pursuit of justice in civil court.
Baldwin’s attorneys, Luke Nikas and Alex Spiro, issued a statement to CBS News declaring the decision a “final vindication,” asserting that Baldwin committed no crime. The dismissal solidifies Judge Mary Marlowe Sommer’s mid-trial decision to drop the case, based on allegations that police and prosecutors withheld evidence from the defense. This evidence, ammunition found by a man and potentially linked to Hutchins’ death, was deemed unrelated and unimportant by prosecutors but characterized by Baldwin’s lawyers as “buried” evidence. The District Attorney’s office noted that while the New Mexico attorney general could have continued the appeal, they chose not to, citing multiple barriers that compromised the prosecution’s ability to proceed fairly.
The shooting occurred during a rehearsal. Baldwin, who starred in and produced “Rust,” was holding a prop gun loaded with a live round when it discharged, killing Hutchins and injuring director Joel Souza. Baldwin has consistently maintained he did not pull the trigger and was unaware the gun was loaded with live ammunition, a violation of industry and union guidelines. Armorer Hannah Gutierrez-Reed, convicted of involuntary manslaughter in March, had her appeal denied in September. Gutierrez-Reed’s conviction and subsequent appeal hinged on accusations that she loaded the gun and brought live rounds onto the set; however, the defense argued the film’s ammunition supplier was not adequately investigated. David Halls, the film’s safety coordinator, pleaded no contest to negligent use of a firearm last year and completed six months of unsupervised parole.