Alec Baldwin’s criminal charges dropped over fatal shooting on Rust set

Alec Baldwin's manslaughter charges over the fatal shooting on the set of his movie Rust have been dropped, the actor's lawyer said, but prosecutors said charges could still be refiled after further investigation.

"This decision does not absolve Mr Baldwin of criminal culpability,'' the New Mexico prosecutors said in a statement, and indicated ''existing'' evidence from police was not enough to proceed on.

Cinematographer Halyna Hutchins, 42, was killed and director Joel Souza, 49, was wounded in October 2021, when a gun Mr Baldwin was using during a rehearsal for the Western in the New Mexico desert fired off a live bullet.

Mr Baldwin, 65, was charged with involuntary manslaughter over the shooting in January, and could have faced up to 18 months in prison if convicted. The charges were dropped on Thursday.

“We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident,” said Mr Baldwin's lawyers, Luke Nikas and Alex Spiro.

The actor was accused of showing a “reckless” disregard for safety in Ms Hutchins' death. The actor and Hannah Gutierrez-Reed, the film's weapons supervisor, were both charged with involuntary manslaughter in the shooting.

In a statement shared with the PA news agency, New Mexico prosecutors said they were unable to proceed with the case due to time constraints and on facts and evidence turned over by law enforcement "in its existing form".

"We therefore will be dismissing the involuntary manslaughter charges against Mr Baldwin to conduct further investigation," the statement read.

"This decision does not absolve Mr Baldwin of criminal culpability and charges may be refiled. Our follow-up investigation will remain active and ongoing."

The statement said that charges against Ms Gutierrez Reed remained unchanged.

The charged were dropped after the new prosecutors reviewed new evidence that showed the gun he was practising with had been modified before it was delivered to the set, according to an official close to the investigation speaking anonymously, the New York Times reported. That undercut the prosecution’s original argument that the gun could not have fired unless Mr Baldwin had pulled the trigger, the official said.

The Hollywood actor posted a photo of himself and his wife Hilaria Baldwin, and lawyer Luke Nikas, online, shortly after his lawyers released their statement on Thursday.

He captioned his Instagram post: "I owe everything I have to this woman ... (and to you, Luke)."

The charges against Mr Baldwin had marked a shocking fall for an A-list actor, whose 40-year career included the 1990 blockbuster The Hunt for Red October and a starring role in the mid-2000s sitcom 30 Rock.

He was also known for iconic appearances in Martin Scorsese’s The Departed (2006), and a film adaptation of David Mamet’s Glengary Glen Ross (1992).

In recent years he did impressions of former US president Donald Trump on Saturday Night Live.

David Halls, the Rust safety coordinator and assistant director, pleaded no contest in March to a conviction for unsafe handling of a firearm and a suspended sentence of six months.

Mr Baldwin has said the gun went off accidentally and that he did not pull the trigger. An FBI forensic report found the weapon could not have fired unless the trigger was pulled.

The case against Mr Baldwin had been diminishing. A weapons charge that would have meant a much longer sentence had already been dismissed, and the first special prosecutor in the case resigned.

Baldwin also faces a separate civil lawsuit, filed on February 9 by the family of Ms Hutchins. The family is suing the actor and the Rust movie production company for alleged battery, intentional infliction of emotional distress, negligence, and loss of consortium. Loss of consortium is a claim which seeks to recover compensation for damage to certain relationships that are mutually dependent.

Legal representatives for Rust Movie Productions stressed that all use of working weapons or ammunition is, "and always has been", prohibited on set.

Filming on the Western resumed on Thursday at Montana's Yellowstone Film Ranch set, according to Melina Spadone, a lawyer for Rust Movie Productions.

Mr Baldwin will continue his involvement as an actor and co-producer, the production company said on Wednesday.

The production company finalised a settlement last month with New Mexico workplace safety regulars over “serious” violations, agreeing to a $100,000 fine to resolve a scathing safety review that detailed unheeded complaints and misfires on set before the cinematographer’s shooting.

Mr Souza has said that he would return to the production to honour the legacy of Ms Hutchins.

Parts of a documentary about Ms Hutchins' life will be filmed simultaneously with Rust.