Why did prosecutors drop charges against Alec Baldwin?
Attorney Mercedes Colwin tells ‘The Story with Martha MacCallum’ that the prosecution should examine the gun that went off when Alec Baldwin allegedly shot a ‘Rust’ crew member to death.
A new report concluded that despite his denials, Alec Baldwin had to pull the trigger of the gun that fired on the set of "Rust" in October 2021.
The shooting led to the death of Halyna Hutchins, and a yearslong legal battle has ensued as investigators work to find justice for the cinematographer.
As the film's armorer Hannah Gutierrez-Reed gears up for her scheduled December trial, her legal team focused on a new report from independent forensic firearm experts. Lucien Haag and Mike Haag, who were commissioned by the prosecution, concluded that Baldwin had to pull the trigger of the gun in order for it to fire.
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Alec Baldwin's involuntary manslaughter charges were dropped in April. (Santa Fe County Sheriff's Department)
"Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver," the report, obtained by Fox News Digital, read. "This fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger."
Special prosecutors dismissed the involuntary manslaughter charges against Baldwin in April but noted in a June 9 filing that they would refile if the revolver had not been modified.
"The gun and broken sear have been sent to the state’s independent expert for further testing. The charges against Alec Baldwin were dismissed without prejudice because a possible malfunction of the gun significantly effects causation with regard to Baldwin, not with regard to Gutierrez," the documents read. "If it is determined that the gun did not malfunction, charges against Mr. Baldwin will proceed."
Special prosecutor Kari Morrissey told Fox News Digital on Wednesday that new charges against Baldwin are being "considered," but a "final decision" has yet to be made.
Fox News Digital reached out to a representative for the actor.
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However, a legal expert told Fox News Digital the new report on its own isn't "enough" to recharge Baldwin.
"This expert’s report does bolster the prosecution’s case a bit. But it is problematic that he had to reconstruct the gun with new parts," personal injury lawyer Miguel Custodio, a partner at Los Angeles-based Custodio & Dubey, said. "Once you start tinkering with evidence like that, it’s easy for Alec Baldwin’s defense to say, ‘The gun didn’t work properly to begin with and the FBI damaged it. Putting it back together again doesn’t prove anything.’ And it’s true, whenever you alter evidence, you have problems.
"I just don’t think it’s enough to recharge Baldwin yet. I also have wondered why the special prosecutors put pressure on themselves earlier this year that they would make a decision by mid-August on whether to file charges against Baldwin. Clearly, they were waiting for this report. It seems they have really struggled with strategically trying to charge him, and I think this report is flimsy evidence to recharge him on."
The new report by the special prosecutors' experts echoes a similar conclusion as the FBI forensics analysis, which was released in August 2022.
The FBI performed an accidental discharge test and found that the gun used in the fatal shooting of Hutchins "could not be made to fire without a pull of the trigger," according to the report obtained by ABC News.
The test showed that if the revolver's hammer was in the quarter or half-cocked positions, the gun would not fire. When the hammer was in the fully cocked position, the gun "could not be made to fire without a pull of the trigger while the working internal components were intact and functional."
Alec Baldwin has maintained that he did not pull the trigger during the fatal shooting of Halyna Hutchins in October 2021. (Dario Alequin for Fox News Digital)
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Baldwin has maintained that he did not pull the trigger of the gun in multiple interviews. The actor described the moment the gun was discharged during a TV appearance in December 2021, months after the fatal shooting.
"I let go of the hammer of the gun," Baldwin told ABC's George Stephanopoulos. "And the gun goes off."
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Baldwin and Hutchins had been setting up for a shot where the actor was supposed to draw the gun and point it at the camera. While standing next to the camera, the cinematographer was "guiding" Baldwin on where to point the gun, he said. "The gun wasn't meant to be fired in that angle," he confirmed.
"I didn't pull the trigger," Baldwin reiterated. "The gun was supposed to be empty," he said.
Alec Baldwin finishes filming "Rust" in April 2023. (Reuters)
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