Defense attorneys for actor Alec Baldwin urged a New Mexico judge on Thursday to dismiss a grand jury indictment against the actor in the fatal shooting of a cinematographer on the set of the Western movie "Rust."
The indictment in January charged Baldwin with involuntary manslaughter in the death of cinematographer Halyna Hutchins on Oct. 21, 2021, at a movie ranch on the outskirts of Santa Fe.
Baldwin has pleaded not guilty to the charge. His attorneys in a new court filing accused prosecutors of "unfairly stacking the deck" against Baldwin in grand jury proceedings that diverted attention away from exculpatory evidence and witnesses.
That prevented the jury from asserting their obligation to hear testimony from director Joel Souza, who was wounded in the shooting while standing near Hutchins, as well as assistant director and safety coordinator Dave Halls and props master Sarah Zachry.
"The grand jury did not receive the favorable or exculpatory testimony and documents that the state had an obligation to present," said the court motion signed by defense attorney Luke Nikas. "Nor was the grand jury told it had a right to review and the obligation to request this information."
The legal filing also claims that the grand jury was presented with inaccurate and biased testimony regarding the revolver used in the tragic shooting.
Following a jury's verdict last week, "Rust" armorer Hannah Gutierrez-Reed was found guilty in the incident and is currently in custody awaiting a sentencing hearing in April. The charge of involuntary manslaughter carries a potential prison sentence of up to 18 months and a $5,000 fine.
During the shooting, Baldwin was aiming the gun at cinematographer Hutchins when it discharged, resulting in her death and injuring Souza. Baldwin has stated that he only pulled back the gun's hammer, not the trigger.
Prosecutors placed blame on Gutierrez-Reed during a two-week trial, alleging that she inadvertently brought live ammunition onto the "Rust" set where it was prohibited and failed to adhere to basic gun safety procedures.
Last year, Halls entered a plea of no contest to negligent handling of a firearm and served a sentence of six months of unsupervised probation.
Baldwin is set to stand trial in July.
