By Mark Gray
4:30am PDT, Oct 18, 2023
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Alec Baldwin is still not in the clear over the shooting death of cinematographer Halyna Hutchins on the set of indie-western film "Rust." A new report from NBC claims New Mexico prosecutors intend to recharge the actor with involuntary manslaughter in connection with the fatal 2021 shooting.
Sources tell NBC that the case will be brought before a grand jury in mid-November and plea deal discussions have already been occurring.
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After charges were filed against Alec Baldwin, his attorney, Luke Nikas, hit back at the news: "This decision distorts Halyna Hutchins' tragic death and represents a terrible miscarriage of justice. Mr. Baldwin had no reason to believe there was a live bullet in the gun — or anywhere on the movie set. He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win," he said in a statement.
Alec has long maintained that he was told the gun was "cold" — meaning it contained no ammunition — when it was handed to him that day. He's also said repeatedly that he did not pull the trigger.
"I feel that someone is responsible for what happened, and I can't say who that is, but I know it's not me," Alec told ABC News in December 2021.
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In April 2023, the charges against Alec Baldwin in connection with the fatal shooting of "Rust" cinematographer Halyna Hutchins were dropped. In a statement, his attorneys Luke Nikas and Alex Spiro said, "We are pleased with the decision to dismiss the case against Alec and we encourage a proper investigation into the facts and circumstances of this tragic accident."
Prosecutors noted that "new facts" came to light that resulted in the charges being dropped. They added, however, that "this decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled."
Charges against "Rust" armorer Hannah Gutierrez-Reed were not dropped.
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In August, a forensics report alleged that Alec Baldwin had to have pulled the trigger on that fateful day that took the life of Halyna Hutchins.
"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," the forensics report noted, according to CBS.
"The only conceivable alternative [to the trigger being pulled] would be a situation in which the trigger was already pulled or held rearward while retracting the hammer to its full cock position. Although unlikely and totally contrary to the normal operation of these single action revolvers, such improper handling, would result in the discharge of a live cartridge," the report continued.
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When the involuntary manslaughter charges were dropped earlier this year, prosecutors said the gun might have been modified before the shooting and malfunctioned. But a source tells NBC that prosecutors no longer believe the gun had been modified and have "found new evidence that they believe connects [Alec] to recklessness around safety standards on the set."
An involuntary manslaughter charge could carry up to 18 months in prison.
