Alec Baldwin Could Still Face Criminal Charges In ‘Rust’ Shooting

Alec Baldwin could still be facing charges in connection with the fatal 'Rust' shooting that took place in 2021. 

Special prosecutors in New Mexico revealed they intend to present a grand jury their case against Alec, whom they believe to be responsible for the shooting of cinematographer Halyna Hutchins and injury of director Joel Souza on set.

The case will be presented within the next two months.

"The grand jury will determine whether probable cause exists to bind Baldwin over on criminal charges."

If he is convicted, Alec could be facing up to 18 months behind bars.

“After extensive investigation over the past several months, additional facts have come to light that we believe show Mr. Baldwin has criminal culpability in the death of Halyna Hutchins and the shooting of Joel Souza."

“We believe the appropriate course of action is to permit a panel of New Mexico citizens to determine from here whether Mr. Baldwin should be held over for criminal trial.”

Alec's attorney's Luke Nikas and Alex Spiro said, "It is unfortunate that a terrible tragedy has been turned into this misguided prosecution. We will answer any charges in court."

The prosecutors dismissed an involuntary manslaughter charge in April, citing "new facts" in the case, but said at the time, they reserved the right to re-charge.

Alec was on set of the movie 'Rust' in October 2021, when a prop gun discharged while he was holding it, killing Hutchins and injuring Souza.

He said he didn't know the gun mistakenly contained a live bullet, and claimed he didn't pull the trigger.

A lengthy investigation has taken place, and prosecutors accused him of "extremely reckless acts” and charged him and Hannah Gutierrez-Reed on January 31st, 2023. 

Gutierrez-Reed has pled not guilty, and is set to stand trial in February 2024.

According to a statement of probable cause filed in the First Judicial Court, Alec didn’t receive required firearms training, failed to ask Gutierrez-Reed to show him the gun contained no live rounds of ammunition, ignored safety complaints from the crew, and put his finger “on the trigger of a real firearm when a replica or rubber gun should have been used.” 

Two months after the charges were dropped against him, in June is was noted in a court filing, the gun had been sent to an independent expert for further testing.

“The charges against Alec Baldwin were dismissed without prejudice because a possible malfunction of the gun significantly effects causation with regard to Baldwin, not with regard to Gutierrez. If it is determined that the gun did not malfunction, charges against Mr. Baldwin will proceed."

A forensic report in August concluded the trigger of the prop gun must have been pulled “sufficiently” enough to cause the accident. 

“Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver."

“This fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger."

Earlier this year, Alec settled a wrongful death suit Hutchins’ widower filed against him.

Filming on 'Rust' paused following the shooting, but Alec and the cast resumed production earlier this year. The film was wrapped in May.