Alec Baldwin loses latest attempt to get involuntary manslaughter charge dismissed

Judge Mary Marlowe Sommer dismissed the request in a virtual hearing, where defense attorneys for Baldwin argued that he had no reason to believe a live round was in the gun.

Published: June 21, 2024 10:07pm

Emmy-award winning actor Alec Baldwin lost his latest attempt on Friday to get an involuntary manslaughter charge against him dismissed, for his alleged role in the death of "Rust" cinematographer Halyna Hutchins.

Baldwin is expected to go to trial for the involuntary manslaughter charge next month, after he allegedly fired a gun on the set of the western film "Rust" in October of 2021, which killed Hutchins and wounded director Joel Souza. Baldwin, who has pleaded not guilty to the charge, maintains that he never pulled the trigger. 

Judge Mary Marlowe Sommer dismissed the request in a virtual hearing, where defense attorneys for Baldwin argued that he had no reason to believe a live round was in the gun, according to Fox News. She also dismissed a request from prosecutors that armorer Hannah Gutierrez-Reed, who was convicted of involuntary manslaughter in March, be offered immunity in exchange for testifying against Baldwin.

Baldwin's team and Gutierrez-Reed have rejected calls for her to testify in the case.

"It's pretty clear she does not intend to cooperate," Sommer said. "I haven't heard anything that she might testify to that someone else could not testify to."

Gutierrez-Reed is currently serving 18 months in prison for her involuntary manslaughter charge, which is the same sentence Baldwin could face if convicted. Baldwin was initially charged in the case in 2023, but charges were eventually dropped. They were refiled in January and he was indicted by a grand jury. 

Baldwin's attorneys still have one more motion for a dismissal pending before Sommer, which is expected to be heard on Monday. The defense team is arguing that FBI testing damaged the gun to the extent that the defense could not examine it.

"The government took the most critical evidence in this case – the firearm – and destroyed it by repeatedly and pointlessly striking it with a mallet," the attorneys wrote in court filings. "Government agents knew that the firearm would not survive."

Baldwin has previously admitted to pointing a loaded gun on set but has denied pulling the trigger. However, prosecutors claim they have a witness that was near Baldwin at the time of the incident who will testify that they saw the actor squeeze the trigger. Prosecutors have also claimed that the gun could not have fired without him pulling the trigger.

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