A New Mexico judge is scheduled to rule on whether Hollywood star Alec Baldwin is off the hook for an involuntary manslaughter charge filed against him in January.
The “30 Rock” actor’s motion to dismiss is set to be heard on Friday, Breitbart reported.
Baldwin was implicated in the shooting death of cinematographer Halyna Hutchins in October 2021.
The incident happened while filming the Western “Rust” as Baldwin was holding a gun that was not supposed to hold live rounds.
Breaking the first rule of gun safety, Baldwin pointed the firearm at another human being and pulled the trigger, killing Hutchins and injuring director Joel Souza.
The 66-year-old was co-producing the film and starred in the leading role.
Baldwin has maintained his innocence and pleaded not guilty.
Attorneys for Baldwin filed the motion to dismiss, citing prosecutors’ alleged misconduct during the grand jury proceedings.
If convicted, Baldwin faces 1.5 years in prison.
The shooting occurred during rehearsals for the film as Baldwin pointed a revolver at Hutchins.
Somehow, Baldwin fired the gun and shot Hutchins with a live bullet.
The cinematographer was killed, and director Joel Souza was injured by the bullet.
Still, Baldwin maintains that he never pulled the trigger but only pulled back on the revolver’s hammer.
Attorneys for Baldwin believe that the grand jury was not allowed to hear possible exculpatory evidence or testimony.
Special prosecutors disagree, stating instead that Baldwin engaged in “shameless” attempts to deny his own responsibility.
Baldwin allegedly changed his story on several aspects of the incident when speaking to the media, law enforcement, and workplace safety officials.
The case is set to go before a jury in July, but Baldwin’s legal team is asking for charges to be dismissed right away.
However, Baldwin’s case for dismissal contradicts the findings in the trial against Hanna Gutierrez-Reed, who was the armorer on the set.
She received 1.5 years in April after receiving an involuntary manslaughter conviction.
Whether Baldwin will face a similar fate to Gutierrez-Reed depends on the way prosecutors pursue the case.
They may assert that Baldwin was negligent in his handling of the weapon.
Another avenue involves proving that Baldwin acted without “due caution” or “circumspection,” which led to Hutchins’ death.
This would mean that Baldwin committed “an act committed with total disregard or indifference for the safety of others.”
The factors at play include Baldwin’s actions and attitude, as well as Gutierrez-Reed’s culpability.
Initially, Baldwin wasn’t charged based on information that the weapon he was handed was already modified in some way beforehand.
However, a fresh look at the gun in evidence proved that assertion to be inaccurate.
This new finding allowed prosecutors to pursue charges against Baldwin once again.
Baldwin was not an innocent bystander but rather a person in charge of a potentially deadly weapon.
Even if the armorer didn’t do her job, Baldwin had a duty to do his before he pointed the weapon at the cinematographer.
He failed to check the gun himself and then pointed the weapon at Hutchins before pulling the trigger.
Baldwin shot and killed Hutchins whether he wants to admit it or not.
Whether the judge will see it that way remains to be seen, however.
