A New Mexico district attorney said on Monday that the special prosecutor in the involuntary manslaughter case against Alec Baldwin in the fatal shooting on the set of the film “Rust” has abandoned an attempt to revive charges.
The state’s notice of appeal, which would have attempted to reinstate charges against Baldwin that had been dropped by a lower court, was withdrawn by the special prosecutor, Kari Morrissey, according to a statement released by First Judicial District Attorney Mary Carmack-Altwies.
The involuntary manslaughter prosecution against Baldwin, who was in possession of a prop pistol on the set outside Santa Fe in October 2021 when it discharged, was rejected by a judge in the summer. According to Baldwin, he believed it contained blank bullets.
Director Joel Souza was wounded and cinematographer Halyna Hutchins was killed by the gunshots. Hannah Gutierrez-Reed, the armorer in the film, was found guilty of involuntary manslaughter in connection with Hutchin’s death.
Baldwin firmly maintained that he was innocent and that he did not pull the gun when he entered a not guilty plea in his involuntary manslaughter case. A request for comment Monday night was not immediately answered by a Baldwin representative.
“The FJDA commends Morrissey for her work in prosecuting two cases of such magnitude and national attention, including the successful prosecution against Hannah Gutierrez Reed,” Carmack-Altwies said in a statement issued Monday
“The FJDA supports the Hutchins family and their continued fight for justice in civil court,” she said.
In a different statement, the special prosecutor cited the state attorney general’s office as one of the factors that led to the appeal notice being withdrawn.
“The Special Prosecutor intended to pursue an appeal of the dismissal, however, the Office of the Attorney General notified the Special Prosecutor that the Attorney General did not intend to exhaustively pursue the appeal on behalf of the prosecution,” said the statement.
The statement went on to say that the prosecution faced “multiple barriers that have compromised its ability to prosecute to the fullest extent of the law.”
“We regret that Mr. Baldwin will not be held accountable for the role he played in the death of Halyna Hutchins and as we withdraw the appeal, we do so with the hope that the outstanding lawsuits bring some measure of justice to the family of Halyna Hutchins,” Morrissey stated in a statement.
In July, a judge dropped Baldwin’s criminal case, concurring with his attorneys that the prosecution concealed crucial evidence.
On the third day of the trial, the case was dismissed. Baldwin’s involuntary manslaughter case cannot be restored since Judge Mary Marlowe Sommer threw it out with prejudice.
But part of the special prosecutor’s planned appeal contained a defense that effectively circumvented the rejection.
Morrissey maintained that Baldwin’s innocence or guilt was unaffected by the evidence in question, which was live rounds that a friend of Gutierrez-Reed’s stepfather gave to sheriff’s officers during her trial and had not been purposefully withheld.
Lauren Rodriguez, a spokesman for the New Mexico Department of Justice, stated in a statement on Monday that the agency decided not to appeal the criminal case’s dismissal because of the serious procedural flaws that judge Sommer had found.
We think that keeping the criminal case against Mr. Baldwin closed is in the best interests of justice, and we hope that Ms. Hutchins’ family will be able to get significant answers and closure via their ongoing civil action,” Rodriguez stated.
Hutchins’ parents are being represented by well-known lawyer Gloria Allred in a civil lawsuit against Baldwin, who is also listed as a co-producer of “Rust.”
Allred stated that the dismissal of the criminal prosecution in July will not impact the civil case and that Baldwin was not exonerated in the civil court. “We believe that everyone, even celebrities like Alec Baldwin and producers, should follow accepted safety protocols so that all crew members have a safe workplace,” she stated.
When the lawsuit was first revealed in early 2023, Baldwin did not reply to a request for comment; however, he has subsequently attempted to have the case dismissed. In a court document filed in April 2023, he contended that the plaintiffs, Hutchins’ parents and sister, “had been distanced from Halyna physically, financially, and emotionally for years before her death” and “have no viable cause of action.”
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