Alec Baldwin isn't off the hook in the "Rust" shooting just yet.
Prosecutors are set to bring the actor's case before a New Mexico grand jury, which will determine whether he should again be charged in connection with the fatal 2021 shooting on the set of the movie "Rust." The news was first reported by NBC News.
"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," special prosecutors Kari Morrissey and Jason Lewis said.
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An involuntary manslaughter charge against Baldwin was previously dropped in April. At the time, Morrissey and Lewis said that "new facts were revealed that demand further investigation and forensic analysis" ahead of a preliminary hearing. However, they stressed that this decision did not "absolve Mr. Baldwin of criminal culpability and charges may be refiled," adding that their "follow-up investigation will remain active and on-going." Baldwin was holding a prop gun on the set of "Rust" in 2021 when it went off, fatally striking cinematographer Halyna Hutchins and injuring director Joel Souza.
Attorneys for Baldwin, Luke Nikas and Alex Spiro, said it's "unfortunate that a terrible tragedy has been turned into this misguided prosecution," adding that they "will answer any charges in court." The actor has denied pulling the trigger of the gun that killed Hutchins. In August, though, a forensic report conducted by experts hired by the state of New Mexico determined "the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver."
In an emailed statement to The Week, former federal prosecutor Neama Rahmani, president of West Coast Trial Lawyers, said it "would be surprising" if prosecutors are unable to secure an indictment of Baldwin.
"It's always easier to secure an indictment from a grand jury because there are no defense lawyers, no experts, it's just a one-sided presentation by prosecutors," Rahmani said. "And grand juries almost always return indictments. Prosecutors are pretty much going all-in on the fact that Baldwin pulled the trigger, and frankly it's their best argument."
Rahmani also explained double jeopardy does not apply because prosecutors previously dismissed the case without prejudice. "Rust" armorer Hannah Gutierrez-Reed has also been charged with involuntary manslaughter and evidence tampering. Her trial is scheduled for 2024.
