The special prosecutor in the involuntary manslaughter case against Alec Baldwin in the deadly shooting on the set of the movie “Rust” has withdrawn an attempt to reinstate charges, a New Mexico district attorney said Monday.
In a statement, First Judicial District Attorney Mary Carmack-Altwies said the special prosecutor, Kari Morrissey, withdrew the state’s notice of appeal, which would have sought to reinstate charges against Baldwin that had been dismissed by a lower court.
In the summer, a judge dismissed the involuntary manslaughter case against Baldwin, who was holding a prop gun on the set near Santa Fe in October 2021 when it discharged. Baldwin has said he thought it contained blank rounds.
The gunfire killed cinematographer Halyna Hutchins and injured director Joel Souza. The movie’s armorer, Hannah Gutierrez-Reed, was convicted of involuntary manslaughter in Hutchins’ death.
Baldwin pleaded not guilty in his involuntary manslaughter case, steadfastly saying that he was innocent and that he did not pull the trigger. A spokesperson for Baldwin did not immediately respond to a request for comment Monday night.
“The FJDA commends Morrissey for her work in prosecuting two cases of such magnitude and national attention, including the successful prosecution against Hannah Gutierrez Reed,” Carmack-Altwies said in Monday’s statement.
“The FJDA supports the Hutchins’ family and their continued fight for justice in civil court,” she continued.
In a separate statement, the special prosecutor pointed to the state attorney general’s office as being part of the reason for the withdrawal of the appeal notice.
“The Special Prosecutor intended to pursue an appeal of the dismissal, however, the Office of the Attorney General notified the Special Prosecutor that the Attorney General did not intend to exhaustively pursue the appeal on behalf of the prosecution,” the statement read.
As a result, the statement continued, the prosecution was met with “multiple barriers that have compromised its ability to prosecute to the fullest extent of the law.”
“We regret that Mr. Baldwin will not be held accountable for the role he played in the death of Halyna Hutchins and as we withdraw the appeal, we do so with the hope that the outstanding lawsuits bring some measure of justice to the family of Halyna Hutchins,” Morrissey said in a statement.
A judge dismissed the criminal case against Baldwin in July, agreeing with his lawyers that prosecutors hid evidence important to the case.
The case was dismissed on the third day of the trial. Judge Mary Marlowe Sommer tossed it out with prejudice, meaning the involuntary manslaughter case against Baldwin cannot be reinstated.
However, the special prosecutor’s intended appeal included an argument that amounted to an end run around the dismissal.
Morrissey argued that the evidence in question — live rounds that a friend of Gutierrez-Reed’s stepfather turned over to sheriff’s officials during her trial — had not been intentionally suppressed and had no bearing on Baldwin’s innocence or guilt.
However, New Mexico Department of Justice spokesperson Lauren Rodriguez said in a statement Monday that the agency declined to appeal the dismissal of the criminal case due to the “significant procedural irregularities” identified by judge Sommer.
“We believe it is in the best interests of justice for the criminal matter against Mr. Baldwin to remain closed and hope that Ms. Hutchins’ family can obtain important answers and a sense of closure through their still pending civil action,” Rodriguez said.
A civil suit against Baldwin, also credited as a co-producer of “Rust,” is pending, with high-profile attorney Gloria Allred representing Hutchins’ parents.
After the criminal case was dismissed in July, Allred said it would have no effect on the civil case and that it did not exonerate Baldwin in civil court. “We believe that everyone, even celebrities like Alec Baldwin and producers, should follow accepted safety protocols so that all crew members have a safe workplace,” she said.
Baldwin did not respond to a request for comment when the suit was announced in early 2023, but he has since sought to have the case dismissed. He argued in an April 2023 court filing that Hutchins’ parents and sister, the plaintiffs, “had been distanced from Halyna physically, financially, and emotionally for years before her death” and “have no viable cause of action.”
Madison Lambert, Dan Mangan, CNBC and Rudy Chinchilla contributed.