A New Mexico judge has denied Alec Baldwin’s second attempt to dismiss his manslaughter indictment, stating that a jury should decide if his actions led to the death of cinematographer Halyna Hutchins. Baldwin is set to go to trial in Santa Fe on July 9. He faces accusations of negligently pointing a Colt .45 at Hutchins and pulling the trigger during the filming of the Western movie Rust.
Baldwin’s attorney, John Bash, argued that the unique circumstances of the case do not meet the negligence threshold for an involuntary manslaughter charge. Baldwin and others claimed they were informed the gun was safe, believing it contained dummy rounds. Bash asserted that Baldwin was unaware the gun had a live round, arguing that without knowledge of the risk, Baldwin couldn’t be guilty.
However, Judge Mary Marlowe Sommer disagreed, stating that it is still a question of whether Baldwin should have suspected the gun was loaded. She emphasized that involuntary manslaughter involves the defendant knowing or should have known of the danger, a matter for the jury to decide.
Kari Morrissey, the lead prosecutor, argued Baldwin did not personally check the gun, while other actors were seen checking theirs by firing into the ground. She also noted Baldwin’s extensive film industry experience should have made him aware that the armorer, Hannah Gutierrez Reed, was inexperienced and not properly conducting safety checks.
The New Mexico Supreme Court requires that a defendant must have known of a substantial and unjustifiable risk for an involuntary manslaughter conviction. Standard jury instructions in New Mexico state that the defendant should have known of the danger and acted with willful disregard for the safety of others.
Baldwin’s defense team plans to argue another dismissal motion, claiming the state destroyed the gun during testing, preventing a full defense examination before the trial. Alternatively, they request the judge to prevent the prosecution from arguing that Baldwin pulled the trigger.
The judge previously denied a dismissal motion due to issues in the grand jury process and recently rejected a fourth motion alleging the prosecution failed to provide evidence timely. Additionally, the judge denied the prosecutor’s request to grant immunity to Gutierrez Reed for her testimony, as she had indicated Baldwin was inattentive during firearms training. Convicted of involuntary manslaughter, Gutierrez Reed is currently appealing her 18-month sentence.
Without immunity, Gutierrez Reed may still be called to testify but would likely invoke her Fifth Amendment right against self-incrimination. Alternatively, she could be declared unavailable, allowing her previous statements to be introduced without violating hearsay rules. Source
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