Santa Fe, NM — A New Mexico judge has declined to reinstate criminal charges against Alec Baldwin in connection with the October 2021 fatal shooting on the set of Rust.
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In her decision, Judge Mary Marlowe Sommer ruled that the prosecution’s request to reconsider involuntary manslaughter charges against Baldwin was unfounded. “The Court does not find the Amended Motion well taken,” Marlowe Sommer stated, referencing arguments previously raised or omitted by the state. The motion was dismissed due to delays stemming from the prosecution’s alleged failure to share key evidence with Baldwin’s defense team.
The charges against Baldwin were dropped in July after revelations that evidence, specifically ammunition used in the investigation, had been withheld from Baldwin’s attorneys. Baldwin’s legal team claimed that live rounds related to the case were “concealed” from them by the prosecution.
Judge Marlowe Sommer criticized the state’s actions, describing the withheld evidence as highly prejudicial, noting that it “approached bad faith” and caused “needless delay” in proceedings. She also confirmed on Friday that the dismissed charges would not be reconsidered, writing, “The State does not raise any factual or legal arguments that would justify the grant of a motion to reconsider.”
The incident occurred on October 21, 2021, when Baldwin discharged a Colt .45 revolver on set, resulting in the death of cinematographer Halyna Hutchins and injuries to director Joel Souza. Baldwin reportedly believed the gun was loaded with dummy rounds, though it was later found to contain live ammunition.
“Rust” armorer Hannah Gutierrez-Reed, who handled firearms on set, was convicted of involuntary manslaughter in March and is currently serving an 18-month sentence. Prosecutors argued that Gutierrez-Reed failed to follow safety protocols and was responsible for introducing the live round that killed Hutchins.
Gutierrez-Reed’s defense sought a new trial, citing “egregious prosecutorial misconduct” and alleging that discovery violations mirrored those in Baldwin’s case. Last month, Judge Marlowe Sommer rejected Gutierrez-Reed’s request for a new trial and denied a separate motion for her release. Marlowe Sommer concluded that the state had not withheld ammunition evidence in Gutierrez-Reed’s case as it had in Baldwin’s.
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The Rust incident has spurred industry-wide calls for stricter safety protocols on film sets, particularly in regard to the use of firearms.
