Judge rejects Alec Baldwin’s attempt to have Rust shooting case dismissed

Baldwin was pointing a prop gun at Hutchins during a rehearsal in October 2021 when the gun went off killing Halyna Hutchins

In this image taken from video released by the Santa Fe County Sheriff's Office, Alec Baldwin speaks with investigators following a fatal shooting on a movie set in Santa Fe, New Mexico (SFSO)

A New Mexico judge has rejected Alec Baldwin’s attempt to have the Rust fatal shooting case against him dismissed.

Baldwin’s involuntary manslaughter case, which is connected to the 2021 death of the film’s cinematographer, Halyna Hutchins, was upheld by Judge Mary Marlowe Sommer on Friday.

Lawyers for the Hollywood star had accused prosecutors of misconduct during the grand jury process and wanted the case thrown out.

The decision means that Baldwin’s trial is set to go ahead in July.

Baldwin, the lead actor and a co-producer of Rust, was pointing a prop gun at Hutchins during a rehearsal in October 2021 when the gun went off, discharging a real bullet that killed her and wounded director Joel Souza.

Last year, Baldwin, 66, was dismissed of initial involuntary manslaughter charges in connection with the fatal shooting of cinematographer Halyna Hutchins on the set of his forthcoming Western.

This aerial photo shows the movie set of ‘Rust’ at Bonanza Creek Ranch, October 23, 2021, in Santa Fe, New Mexico (Copyright 2021 The Associated Press. All rights reserved)

In January, however, prosecutors renewed the involuntary manslaughter charges against him, citing new evidence. The actor has pleaded not guilty to the charges.

In March, Rust armourer Hannah Gutierrez-Reed was found guilty of involuntary manslaughter over Hutchin’s death. Reed, 26, was handed the maximum prison sentence of 18 months.

Baldwin, meanwhile, maintains his innocence, claiming that he pulled back the hammer – but not the trigger – and the gun fired.

He currently remains free pending trial under conditions that include not possessing firearms, consuming alcohol or leaving the country.

Should Baldwin also be found guilty, he could potentially be sentenced to 18 months in prison in addition to being fined $5,000.