New Mexico Judge Mary Marlowe Summer has dismissed the involuntary manslaughter case against Alec Baldwin, which stemmed from the fatal shooting of cinematographer Halyna Hutchins on the set of the film “Rust.” The case was dismissed with prejudice, meaning it cannot be retried. Baldwin wept in court upon hearing the verdict.
“There is no way for the court to right this wrong,” Judge Summer stated. The dismissal followed the introduction of new evidence that had not been previously reviewed. The judge, wearing blue latex gloves, opened a manila envelope containing ammunition. This new evidence, not disclosed by the state, prompted Baldwin’s attorneys to request the dismissal.
The ammunition in the envelope came from Troy Teske, a friend of Thell Reed, step-father of Hannah Gutierrez-Reed, the armorer on the set. Gutierrez-Reed is serving 18 months for her role in the incident. Teske had given the ammunition to the Santa Fe County Sheriff at the time of the shooting, but it was logged under a different case number than the one associated with “Rust.” Prosecutor Kari T. Morrissey had reviewed a photo of the ammunition but deemed it irrelevant as it did not resemble the ammunition used on set.
“This has no evidentiary value whatsoever,” Morrissey asserted. The crime scene investigator initially agreed, noting the ammunition appeared different from what was used on set. However, Judge Summer, after examining the rounds, felt at least one round looked similar to the set ammunition. This led the crime scene investigator to acknowledge that one round had casing and primer “similar to what was collected on set.” Morrissey admitted she had not seen the ammunition in person nor the technician’s report until that morning. Judge Summer subsequently released the jury.
Earlier in the week, Judge Summer had aided Baldwin’s case by ruling that his status as a producer was not relevant, though he was responsible for setting safety standards.
“They buried it,” Baldwin’s attorney Luke Nikas claimed, referring to the previously unseen ammunition. He accused the state of hiding it under a different case number, thus preventing the defense from mounting a proper case.
Baldwin, 66, was accused of shooting 42-year-old Halyna Hutchins in 2021. Hutchins was behind the camera when Baldwin pointed the gun at the lens and fired, unaware that a live round was in the chamber. Baldwin maintained he had not pulled the trigger, despite previous testimony from the armorer stating there was no live ammunition on set. Gutierrez-Reed, found guilty of involuntary manslaughter in March, was held responsible for Hutchins’ death due to failing to ensure proper gun safety protocols.
Prosecutors argued that Gutierrez-Reed “repeatedly” put lives at risk through negligence, having brought live ammunition to the set. Morrissey described her behavior as showing an “astonishing lack of diligence” with firearms, overseeing “constant, never-ending safety failures.” Gutierrez-Reed’s attorney argued she was a “convenient scapegoat.”