Can Alec Baldwin Be Charged with Involuntary Manslaughter Again After Rust Case Dismissal?

Alec Baldwin was facing up to 18 months in prison if he was found guilty of involuntary manslaughter in the October 2021 death of Rust cinematographer Halyna Hutchins, but the case was dismissed on Friday, July 12.

Since the case was dismissed with prejudice by Judge Mary Marlowe Sommer, Baldwin, 66, cannot be charged with involuntary manslaughter again; therefore, his criminal case is permanently over. 

In court on Friday, the defense argued that the prosecutors had buried evidence.

Baldwin attorney Luke Nikas asked for the case against his client to be dropped, claiming that prosecutors sat on evidence — ammunition that was connected to the case and turned over to authorities — that would have helped shed light on how live ammunition was brought onto the Rust set.

“The late discovery of this evidence during trial has impeded the effective use of evidence in such a way that it has impacted the fundamental fairness of the proceedings,” said Judge Marlowe Sommer, who sided with the defense. Baldwin and his wife Hilaria openly wept when the judge announced the case was dismissed.

In January 2023, Baldwin was originally charged with involuntary manslaughter and a firearm enhancement charge for the accidental shooting death of Hutchins on the set of Rust. The charges were dismissed in April 2023.

One year later, a grand jury indicted him on an involuntary manslaughter charge, which led to the recent July trial.

The death of Hutchins occurred when the gun Baldwin was holding was discharged on the set of Rust in New Mexico in October 2021. When the gun fired, he fatally shot Hutchins and injured director Joel Souza, who has since recovered from his wounds. 

Legal expert Emily D. Baker tells PEOPLE, “Today’s Dismissal with prejudice ends the case against Alec Baldwin as a sanction for the prosecution and law enforcement violations of their discovery obligations to the Defense under Brady.”

Under the Brady rule, prosecutors are required to share any material evidence they may have with the defense that could work in favor of the accused. In Baldwin's case, that was the ammunition, his defense said.

“It was clear how seriously the court took this issue,” Baker says. “Yesterday the prosecution had huge wins in court. Today the defense had their ultimate win in court with a dismissal. The result they have been fighting for in numerous motions over two prosecutions of Alec Baldwin. It doesn’t impact the civil cases still pending but ends any criminal responsibility for Alec Baldwin.”

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“We respect the court’s decision. We look forward to presenting all the evidence to a jury and holding Mr. Baldwin accountable for his actions in the senseless death of Halyna Hutchins,” Brian J. Panish of Panish, the attorney for Halyna's husband Matthew Hutchins said following the July 12 ruling.   

Baldwin still faces civil lawsuits, including the suit from Matthew Hutchins, which has not been fully resolved despite the October 2022 settlement.