‘Rust’ Prosecutors Claim Alec Baldwin ‘Violated Decades-Old Gun Safety’ Rules

Actor Alec Baldwin is facing involuntary manslaughter charges in connection with the death of “Rust” cinematographer Halyna Hutchins, who was shot and killed by a gun that the “30 Rock” actor was holding while rehearsing a scene in October 2021.

“Rust” armorer Hannah Gutierrez-Reed has already had her trial. It took a jury less than three hours to find her guilty of involuntary manslaughter. Judge Mary Marlowe Sommer, who will be presiding over Baldwin’s trial as well, sentenced her to the state maximum of 18 months behind bars after she said that the rookie armorer expressed no remorse for Halyna Hutchins’ death.

On May 22, state prosecutors filed another response to Alec Baldwin’s attempt to get the case thrown out. In court documents obtained by The Blast, the state of New Mexico filed a response to his motion to dismiss the case for failure to allege a criminal offense.

In the filing, prosecutors allege that Baldwin “violated decades-old guns safety and set safety standards by pointing the gun at a person, cocking it, and pulling the trigger– this is especially egregious given that the rehearsal/blocking did not call for the actor to do any of these things.”

“It is a substantial and unjustifiable risk to point a real gun at another human being, cock it, and pull the trigger under nearly all circumstances but certainly so where the gun handler did not participate in the loading of the gun and determined with certainty that all rounds were inert of ensured that all six chambers of the revolver were empty,” they go on to say.

The prosecutors assert that “the facts are simple” in this case, adding, “Guns kill and everyone, including Mr. Baldwin, knows it.”

Alec Baldwin is facing up to 18 months in prison and approximately $5,000 in fines if he is found guilty of involuntary manslaughter in connection with the death of Halyna Hutchins. However, his team has been fighting to have the case dismissed ever since the charges were refiled in January 2024. Baldwin was originally charged in January 2023, but those charges were dropped without prejudice in April 2023 pending further investigation into the firearm used in the shooting.

Emily D. Baker, a lawyer and former L.A. Deputy District Attorney, told People magazine that it is “unlikely” that a judge will dismiss the case against Baldwin. “It is very rare for grand jury indictments to be dismissed. The prosecution has very, very wide latitude at how they conduct a grand jury.”

According to Baker, “The strongest argument is the argument that the state did not present the instructions to the grand jury accurately.” Baldwin’s lawyers have argued that special prosecutor Kari T. Morrissey gave “prejudicial” instructions to the grand jury, and thus the charges against the “Supercell” actor should be dropped.

“Those are the types of potential errors that can get things overturned. So if there was an error in the way the grand jury got the grand jury instructions, that can be an issue that warrants an indictment getting thrown out,” she explained, noting that it is still “unlikely” to happen.

“The Crow” producer Jeff Most has defended Alec Baldwin against his “Rust” shooting charges. The 1994 film featured Brandon Lee, the only son of Bruce Lee, who was shot and killed while filming almost thirty years ago. Brandon Lee was only 28 when his costar Michael Massee shot him with a prop gun that malfunctioned during an action scene.

In an interview with The Guardian marking 30 years since the release of “The Crow,” Most talked about the death of “Rust” cinematographer Halyna Hutchins, saying, “To see that in the almost 30 years between the movies we hadn’t improved upon that was certainly devastating.

“I will say that I find it tragic and beyond belief that Alec Baldwin has been held any bit responsible for this,” he continued. “As a producer with more than 30 years’ experience and numerous action films under his belt, I can assure you that there is no place in the world in which an actor is responsible for the weapon they’re handling.”

“There’s no place for anything but absolute safety on a set and it all brought back memories of the terrible tragedy with the loss of Brandon,” he added. “It should not have been repeated and I hope it won’t ever be again.”