Judge rejects Alec Baldwin’s bid to dismiss criminal charge against him in ‘Rust’ shooting
Alec Baldwin Alec Baldwin attends the World Premiere of National Geographic Documentary Films' "The First Wave" at Hamptons International Film Festival on Oct. 7, 2021, in East Hampton, New York. (Mark Sagliocco/Getty Images for National Geographic)
By Jessica Goodman, Cox Media Group National Content Desk
SANTA FE, N.M. — A judge in New Mexico has rejected Alec Baldwin’s request to dismiss a criminal charge against him related to the deadly shooting that took place in 2021 on the set of “Rust.”
Judge Mary Marlowe Sommer upheld the involuntary manslaughter charge Friday against Baldwin in connection with the death of Halyna Hutchins, a cinematographer for “Rust,” The Associated Press reported.
Attorneys for Baldwin accused prosecutors of misconduct. According to CNN, they believe that misconduct happened during the grand jury process and wanted to get the case dismissed.
In January, an indictment was filed against Baldwin, the AP reported. He was holding a .45 caliber revolver when it fired a shot on Oct. 21, 2021, that struck Hutchins and injured director Joel Souza.
He has pleaded not guilty. According to the AP, if he is convicted, he could face a maximum sentence of 1.5 years in prison.
Baldwin argued that he was not responsible for Hutchins’s death because he did not know that there was a live round in the gun. According to The New York Times, he also said that he did not pull the trigger.
There are other motions that have been filed by Judge Sommer but hasn’t ruled on those yet, according to the Times.
Baldwin’s trial is set to start in New Mexico on July 10, Reuters reported.
In a court filing that was made public on April 8, special prosecutors Kari Morrissey and Jason Lewis said Baldwin showed a “complete lack of concern for the safety of those around him” which, when combined with the negligence and inexperience of armorer Hannah Gutierrez-Reed, “would prove deadly for Halyna Hutchins.”
On March 6, Hannah Gutierrez-Reed, 26, was found guilty Hutchins’ death, on the film set at the Bonanza Creek Ranch outside Santa Fe, Variety reported. The jury in Santa Fe deliberated for 2 1/2 hours.
Gutierrez-Reed was acquitted of an additional charge of tampering with evidence. She faces up to 18 months in prison for her role in the death of Hutchins, the Los Angeles Times reported.
Photos: Alec Baldwin through the years Here are some memorable photos of actor Alec Baldwin through the years. (Juan Naharro Gimenez/Getty Images)
Photos: Alec Baldwin through the years 1985: Author Gore Vidal poses with actors that will appear in the NBC-TV miniseries "Dress Gray" on Dec. 16, 1985. Actor Alec Baldwin is at left. (AP Photo/Lacy Atkins)
Photos: Alec Baldwin through the years 1988: Geena Davis and Alec Baldwin, right, react in horror when they first encounter the demonic Betelgeuse (Michael Keaton) in the supernatural comedy "Beetlejuice," 1988. (AP Photo)
Photos: Alec Baldwin through the years 1990: Actor Alec Baldwin, left, is shown during rehearsals at NBC's "Saturday Night Live," with musical guests the B-52s, Keith Strickland, second from left, Kate Pierson and Fred Schneider, partially obscured, in New York on April 19, 1990. (AP Photo/Mark Lennihan)
Photos: Alec Baldwin through the years 1991: Composer John Barry stands between presenters Kim Basinger and Alec Baldwin as he holds his Oscar for best original score for the film "Dances With Wolves" backstage at the 63rd annual Academy Awards in Los Angeles on March 25, 1991. (AP Photo/Bob Galbraith)
Photos: Alec Baldwin through the years 1992: Actors Kim Basinger and Alec Baldwin appear at a special industry screening of "Final Analysis," in which she stars, in Los Angeles on Feb. 7, 1992. (AP Photo)
Photos: Alec Baldwin through the years 1993: Actress Julie Harris, right, poses with actor Alec Baldwin, center, and actress Joan Van Ark at the gala benefit for the American Academy of Dramatic Arts at the Plaza Hotel in New York City, Sunday evening, Feb. 7, 1993. (AP Photo/Teddy Blackburn)
Photos: Alec Baldwin through the years 1994: Actress Kim Basinger is shown in a June 26, 1994, photo with her husband, actor Alec Baldwin. (AP Photo)
Photos: Alec Baldwin through the years 1995: Actor Alec Baldwin arrives for the 1995 Tony Awards at Broadway's Minskoff Theater in New York on June 4, 1995. (AP Photo/Joe Tabacca)
Photos: Alec Baldwin through the years 1996: Al Pacino and Alec Baldwin star in "Looking for Richard." (Getty Images)
Photos: Alec Baldwin through the years 1998: Married American actors Alec Baldwin and Kim Basinger sit at a table during the Golden Globe Awards ceremony held at the Beverly Hilton, Beverly Hills, California, on January 18, 1998. (Ron Wolfson/Getty Images)
Photos: Alec Baldwin through the years 1999: American actor Alec Baldwin and wife Kim Basinger. (Diane Freed/Liaison via Getty Images)
Photos: Alec Baldwin through the years 2000: Actor Alec Baldwin and wife Kim Basinger arrive for the world premiere of "I Dreamed of Africa" on April 18, 2000, at Sony Theatres Lincoln Square in New York City. (Laura Walters/Liaison Agency via Getty Images)
Photos: Alec Baldwin through the years 2001: Actor Alec Baldwin arrives at the world premiere of Disney's "Pearl Harbor" on May 21, 2001, in Pearl Harbor, Hawaii. (Chris Weeks/Getty Images)
Photos: Alec Baldwin through the years 2002: Actor Alec Baldwin speaks to delegates having dinner at the Florida Democratic Party State Conference on April 13, 2002, in Lake Buena Vista, near Orlando, Florida. (Matt Stroshane/Getty Images)
Photos: Alec Baldwin through the years 2004: Best supporting actor winner Alec Baldwin attends the National Board of Review of Motion Pictures 2003 annual Awards Gala at Tavern on the Green January 13, 2004, in New York City. (Evan Agostini/Getty Images)
Photos: Alec Baldwin through the years 2004: Alec Baldwin and his date attend the American Theater Wing luncheon honoring Isabelle Stevenson at the Pierre Hotel on April 19, 2004, in New York City. (Scott Gries/Getty Images)
Photos: Alec Baldwin through the years 2005: Actor Alec Baldwin and daughter Ireland Eliesse Baldwin arrive at PETA's 15th Anniversary Gala and Humanitarian Awards at Paramount Studios on September 10, 2005, in Hollywood, California. (Stephen Shugerman/Getty Images)
Photos: Alec Baldwin through the years 2006: Actor Alec Baldwin speaks during a segment of "The Late Late Show With Craig Ferguson" at CBS Television Studios on November 3, 2006, in Los Angeles. (Frederick M. Brown/Getty Images)
Photos: Alec Baldwin through the years 2007: The cast of "30 Rock" poses in the pressroom with their Emmy for Outstanding Comedy Series during the 59th annual Primetime Emmy Awards at the Shrine Auditorium on September 16, 2007, in Los Angeles. (Kevin Winter/Getty Images)
Photos: Alec Baldwin through the years 2008: Actors Tina Fey (left) and Alec Baldwin pose in the press room with their Emmys for Best Actor for "30 Rock" during the 60th Primetime Emmy Awards held at Nokia Theatre on September 21, 2008, in Los Angeles. (Frazer Harrison/Getty Images)
Photos: Alec Baldwin through the years 2009: Actor Alec Baldwin (left) and his daughter, Ireland, pose with his award for Outstanding Performance by a Male Actor in a Comedy Series for "30 Rock" in the press room at the 15th annual Screen Actors Guild Awards held at the Shrine Auditorium on January 25, 2009, in Los Angeles. (Jason Merritt/Getty Images)
Photos: Alec Baldwin through the years 2010: Co-hosts Steve Martin (left) and Alec Baldwin onstage during the 82nd annual Academy Awards held at Kodak Theatre on March 7, 2010, in Hollywood, California. (Kevin Winter/Getty Images)
Photos: Alec Baldwin through the years 2011: Hilaria Thomas (left) and Alec Baldwin attend Tony Bennett's 85th Birthday Gala Benefit for Exploring the Arts at the Metropolitan Opera House on September 18, 2011, in New York City. (Jemal Countess/Getty Images for Tony Bennett)
Photos: Alec Baldwin through the years 2012: Alec Baldwin (left) and Hilaria Thomas attend the 2012 Ripple of Hope Gala at the New York Marriott Marquis on December 3, 2012, in New York City. (Stephen Lovekin/Getty Images)
Photos: Alec Baldwin through the years 2013: Actor Alec Baldwin and wife Hilaria Thomas arrive at the 19th annual Screen Actors Guild Awards held at the Shrine Auditorium on January 27, 2013, in Los Angeles. (Frazer Harrison/Getty Images)
Photos: Alec Baldwin through the years 2014: Alec Baldwin and Hilaria Baldwin attend the Elton John AIDS Foundation's 13th annual An Enduring Vision Benefit at Cipriani Wall Street on October 28, 2014, in New York City. (Neilson Barnard/Getty Images for CIROC Vodka)
Photos: Alec Baldwin through the years 2015: Alec Baldwin and Hilaria Thomas attend OCRF's 18th annual Super Saturday NY Hosted by Donna Karan and Kelly Ripa on July 25, 2015, in Water Mill City. (Mike Coppola/Getty Images for OCRF)
Photos: Alec Baldwin through the years 2016: Alec Baldwin as Republican presidential candidate Donald Trump and Kate McKinnon as Democratic presidential candidate Hillary Clinton during the "Debate Cold Open" sketch on "Saturday Night Live" on October 1, 2016. (Will Heath/NBCU Photo Bank/NBCUniversal via Getty Images via Getty Images)
Photos: Alec Baldwin through the years 2017: Alec Baldwin speaks onstage during the We Stand United NYC Rally outside Trump International Hotel & Tower on January 19, 2017, in New York City. (D Dipasupil/Getty Images)
Photos: Alec Baldwin through the years 2018: Board of Directors Co-Chair Alec Baldwin, Hilaria Baldwin and their children attend the red carpet and chairman's reception at Suna Residence during the Hamptons International Film Festival 2018 on October 6, 2018, in East Hampton, New York. (Eugene Gologursky/Getty Images for Hamptons International Film Festival)
Photos: Alec Baldwin through the years 2019: Ireland Baldwin and Alec Baldwin attend the Comedy Central Roast of Alec Baldwin at Saban Theatre on September 7, 2019, in Beverly Hills, California. (Jesse Grant/Getty Images for Comedy Central)
Photos: Alec Baldwin through the years 2020: Alec Baldwin, Hilaria Baldwin and Carmen Baldwin pose backstage at the Badgley Mischka show during New York Fashion Week: The Shows at Gallery I at Spring Studios on February 8, 2020, in New York City. (Cindy Ord/Getty Images for NYFW: The Shows)
Photos: Alec Baldwin through the years 2021: Alec Baldwin, Hilaria Baldwin and their kids attend as DreamWorks Animation presents "The Boss Baby: Family Business" world premiere at SVA Theatre on June 22, 2021, in New York City. (Jamie McCarthy/Getty Images for Universal Pictures)