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Prosecutors dismiss Alec Baldwin charge, citing new evidence

ap photo Actor Alec Baldwin attends the 2019 PEN America Literary Gala at the American Museum of Natural History in 2019, in New York. Prosecutors in New Mexico plan to drop an involuntary manslaughter charge against Alec Baldwin in the fatal 2021 shooting of a cinematographer on the set of the Western film “Rust.”

SANTA FE, N.M. — Prosecutors on Friday formally dismissed an involuntary manslaughter charge against Alec Baldwin in the fatal 2021 shooting of a cinematographer on the set of the Western film “Rust, ” citing new evidence and the need for more time to investigate.

In a stunning turnaround for the 65-year-old A-list actor, special prosecutors Kari Morrissey and Jason Lewis filed the notice to dismiss the only remaining criminal allegation against Baldwin in state District Court in Santa Fe. Prosecutors say the investigation of the shooting that killed Halyna Hutchins and injured director Joel Souza is ongoing.

An involuntary manslaughter charge against Hannah Gutierrez-Reed, the weapons supervisor on the film, is unchanged.

Friday’s court filing echoed early statements from prosecutors that new facts had been revealed that demand further investigation and forensic analysis.

On Thursday, after Baldwin’s attorneys announced the decision, the special prosecutors said the “decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled.” They have declined further comment and only vaguely addressed the matter during a virtual status conference Friday in Gutierrez-Reed’s case.

Los Angeles-based entertainment litigator and defense attorney Kate Mangels, who is not involved in the “Rust” case, said opportunities for further charges against Baldwin are narrowing.

“If they don’t have the evidence now, I don’t see what evidence they could obtain or that could develop. …It looks like they already had 30 people on a witness list, a cooperative (codefendant) witness, investigations done by various law enforcement agencies. It seems like this has already been pretty well investigated. I can’t imagine what would arise to bring new charges.”

Authorities have not determined how live ammunition found its way into the .45-caliber revolver made by an Italian company that specializes in 19th century reproductions.

Baldwin has said the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Baldwin said he pulled back the hammer — but not the trigger — and the gun fired.

An August FBI report on the agency’s analysis of the gun found that, as is common with firearms of that design, it could go off without pulling the trigger if force was applied to an uncocked hammer — such as by dropping the weapon.

The only way the testers could get it to fire was by striking the gun with a mallet while the hammer was down and resting on the cartridge, or by pulling the trigger while it was fully cocked. The gun eventually broke during the testing.

After reading the FBI report, retired Seattle police Detective Donald Ledbetter said it was unlikely the gun would have gone off without the trigger being pulled.

In March, “Rust” safety coordinator and assistant director David Halls pleaded no contest to a conviction for unsafe handling of a firearm and received a suspended sentence of six months of probation. He agreed to cooperate in the investigation of the fatal shooting.

A defense attorney for Halls said Friday that he is happy for Baldwin and also wishes the best for the Hutchins family.

“Mr. Halls never believed Mr. Baldwin should be charged with a crime. It was a tragic accident that is best resolved out of criminal court,” defense attorney Lisa Torraco said in an email.

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