Alec Baldwin’s Motion To Dimiss Denied; Trial Set in Accidental Shooting Case – RedState

Alec Baldwin’s involuntary manslaughter trial will continue as planned for July. 

Balwin, 66, was an actor and producer on the set of Rust, a Western movie that was being filmed in New Mexico in 2021 when a tragic incident led to the death of a camera woman. A gun used as a prop was accidentally loaded with live bullets and when the actor shot the gun in practice, Halyna Hutchins was fatally killed. Balwin was previously charged with manslaughter, but the charges were dropped.

Baldwin’s legal team argued that the case should be dismissed after prosecutors acted in “bad faith”. 

“The State did not make Baldwin’s witnesses available to testify. Nor did it present the exculpatory and favorable evidence to the grand jury,” the motion to dismiss stated.

The prosecutor claim that as producer on the set, Baldwin’s poor leadership created a chaotic environment in which safety protocols were not met. 

Defense attorney Jason Bowles claimed … that the production created a “chaotic scene” by giving Gutierrez props duties that took away from her job as lead armorer. He said she wasn’t given sufficient time to train the crew on the firearms, including Baldwin, whom he argued was inappropriately handling the gun by pointing it at the crew.

Baldwin’s team filed two other additional motions to dismiss based on the accidental destruction of the firearm as evidence and the prosecutor’s failure to allege a criminal offense. Parts of the firearm were destroyed in an accidental discharge test, but the prosecution team argues law enforcement made careful documentation of the firearm prior to the incident. 

Baldwin’s team’s claim of the prosecution’s failure to allege a criminal defense is based on the fact that there was no proven reason why Baldwin would have had reason to believe the firearm contained live rounds.

“It should be dismissed for Mr. Baldwin, or any other person that comes before the grand jury and falls victim of an overzealous prosecutor,” Spiro said.

The Judge ruled against the motion to dismiss on bad faith. The two other motions of the destruction of evidence and the criminal offense allegation are still awaiting a ruling. 

The state has responded with a black-and-white view of the matter:

“The facts are simple, guns kill and everyone, including Mr. Baldwin, knows it,” the state wrote in its response.

Baldwin’s attorneys see it differently.

“The State prosecutors have engaged in this misconduct — and publicly dragged Baldwin through the cesspool created by their improprieties — without any regard for the fact that serious criminal charges have been hanging over his head for two and a half years. Enough is enough,” the motion, filed in March, stated.

This is a developing story.