Prosecutors in New Mexico confirmed Thursday evening that they would drop criminal charges filed against actor Alec Baldwin for the fatal shooting of 2021 on the set of his western film “Rust”. Baldwin was holding a gun while rehearsing a scene when he shot himself, killing cinematographer Halyna Hutchins and injuring director Joel Souza.
In a statement, special prosecutors Kari Morrissey and Jason Lewis announced that the manslaughter charges would be dismissed after “new facts came to light that warrant further investigation and forensic analysis.”
These new facts were discovered during “the last few days” while preparing for a preliminary hearing that was scheduled for May 3, the special prosecutors said. “Accordingly, we cannot proceed under the current time limitations and on the facts and evidence provided by law enforcement in their current form. Therefore, we will dismiss the involuntary manslaughter charges against Mr. Baldwin for leading to carry out further investigation.”
They added: “This decision does not absolve Mr Baldwin of criminal culpability and charges may be brought.”
The nature of the new evidence was not provided. The statement notes that the manslaughter charges against the film’s gunman, Hannah Gutierrez-Reed, “remain unchanged.”
Baldwin’s attorneys had previously said the charges against their client would be dismissed.
“We are pleased with the decision to dismiss the case against Alec Baldwin and encourage a proper investigation into the facts and circumstances of this tragic accident,” Baldwin’s attorneys Luke Nikas and Alex Spiro said in a statement to CBS News.
The news was first reported by the entertainment news channel Deadline.com.
Baldwin and Gutierrez-Reed, were accused of involuntary manslaughter in January In February, the prosecutors dropped a firearm upgrade this would have required each of them to serve a mandatory sentence of five years if convicted.
CBS News legal contributor Jessica Levinson noted that District Attorney Mary Carmack-Altwies appointed two new special prosecutors to take over the case in late March.
“We basically have to assume that they didn’t think they could prove this beyond a reasonable doubt to a jury,” Levinson said.
Baldwin has long denied pulling the gun’s trigger, but prosecutors said the gun could not fire unless the trigger was pulled.
Levinson noted that a possible new case theory could focus more on Gutierrez-Reed.
“If it’s her fault, if she’s the one who engaged in criminal conduct, then it makes sense, based on a theory of the case, to say, well, I could have trusted her,” Levinson said.
One of Gutierrez-Reed’s attorneys, Jason Bowles, told CBS News on Thursday that while the charges against her have not been dropped, he hopes she will be exonerated.
“The new special counsel team has taken a very diligent and thorough approach to the entire investigation, which we appreciate and have always welcomed,” Bowles and attorney Todd Bullion said in a statement. “They’re looking for the truth and so are we. The truth about what happened will come out and the questions we’ve sought answers to for a long time will be answered. We fully expect at the end of this process that Hannah will also be exonerated “.
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