Alec Baldwin Manslaughter Case Is Over, as ‘Rust’ Prosecutor Drops Appeal (2024)

Alec Baldwin‘s manslaughter case is finally over.

On Monday, special prosecutor Kari Morrissey announced she has withdrawn her appeal of a judge’s order dismissing the case.

The decision came after the state attorney general’s office said that it “did not intend to exhaustively pursue the appeal on behalf of the prosecution,” the prosecutor said.

In a separate statement Monday night, the attorney general’s office said that it “declined to appeal” the case “in light of the significant procedural irregularities” identified by the judge.

Lauren Rodriguez, a spokeswoman for Attorney General Raúl Torrez, said Tuesday that an appeal would have been “untenable” given the judge’s “blistering assessment of the special prosecutor’s gross mishandling of the case at trial.”

“Perhaps if the District Attorney had selected someone with more direct experience as a prosecutor this outcome could have been avoided,” Rodriguez added.

Baldwin was accused of involuntary manslaughter in the October 2021 death of cinematographer Halyna Hutchins. At a trial last July, the prosecution intended to show that Baldwin was reckless and criminally negligent when he fired a Colt .45 while preparing for a scene in the movie “Rust.”

But Judge Mary Marlowe Sommer dismissed the case on the third day of the trial, after learning that the prosecution had failed to turn over key evidence — a cache of bullets — to the defense. The judge blasted Morrissey’s handling of the case, calling it “so near to bad faith as to show signs of scorching.”

Baldwin’s lawyers argued that the prosecution had deliberately withheld the evidence, which could have been used in his defense. Before the trial was cut short, the defense argued that as an actor, Baldwin was not responsible for gun safety on set, and could not have known that his gun was loaded with a real bullet.

Following the dismissal, Morrissey argued that the judge had been misled by the defense, and that the bullets were irrelevant to the case. She filed a notice of appeal last month. But the New Mexico attorney general’s office would have had to pursue the case at the Court of Appeals.

In a memorandum withdrawing the appeal on Tuesday, Morrissey said the attorney general had indicated that the office would dismiss the appeal if the reviewing court did not recommend a summary reversal — that is, a reversal without full briefing and argument. In other words, the attorney general’s office conveyed that it was not willing to expend time and resources trying to salvage the case.

The prosecutor’s office said in its statement that its efforts to prosecute Baldwin “have been met with multiple barriers that have compromised its ability to prosecute to the fullest extent of the law.”

In a response on Tuesday, Torrez’s office said he was not willing to “prolong the grief and anguish of Ms. Hutchins’ family in the vain attempt to salvage the compromised criminal case against Mr. Baldwin.”

“Nor will he add to the more than $750,000 already paid by New Mexico’s taxpayers in this matter,” the Torrez’ spokeswoman added. “There are other victims’ families in Santa Fe County and across New Mexico who are awaiting justice, and our energy needs to be devoted to supporting those cases on appeal.”

Baldwin’s lawyers, Alex Spiro and Luke Nikas, had said earlier that they did not believe Torrez would pursue the appeal. They hailed the decision to withdraw it.

“Today’s decision to dismiss the appeal is the final vindication of what Alec Baldwin and his attorneys have said from the beginning — this was an unspeakable tragedy but Alec Baldwin committed no crime,” they said. “The rule of law remains intact in New Mexico.”

Hutchins’ mother, father, and sister, who all live in Ukraine, were consulted prior to the withdrawal of the appeal, and expressed their opposition, the prosecutor’s office said.

The family is continuing to pursue a civil case against Baldwin and the film’s producers in state court in New Mexico.

“This has always been about seeking justice for Halyna Hutchins,” Morrissey said in a statement. “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.”

Rodriguez, the attorney general’s spokesperson, also noted that the lawsuits will proceed.

“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,” she said.

Gloria Allred, who represents Hutchins’ parents and sister, held a press conference Tuesday to criticize the attorney general’s decision. She said the news was “very upsetting” to the family.

Mary Carmack-Altwies, the elected district attorney in Santa Fe, commended Morrissey for her handling of the case. Morrissey is an attorney in private practice who was appointed to handle the “Rust” cases because the D.A.’s office was overwhelmed with its caseload.

Morrissey obtained a guilty verdict against Hannah Gutierrez Reed, the film armorer who loaded a live bullet into Baldwin’s gun. Gutierrez Reed is currently serving an 18-month sentence for involuntary manslaughter in the case.

“The dismissal of criminal charges against Baldwin has sparked debate about the legal process and accountability in the Rust incident in which a talented cinematographer lost her life, and director Joel Souza was injured,” Carmack-Altwies said in a statement. “Halyna’s tragic death has prompted industry-wide scrutiny, specifically in New Mexico, of safety protocols, especially the use of firearms and live ammunition on set. Halyna’s family set up the Halyna Hutchins Foundation to advocate for safer practices in the industry, promoting safety education and honoring her legacy as a talented filmmaker.”

Carmack-Altwies continued: “Despite its disagreement with the Court’s decision, the FJDA remains steadfast in its mission to uphold justice. There is still much work to be done in criminal court, and our office will continue to diligently prosecute cases with integrity, fairness, and commitment to the rule of law.”

In the withdrawal memorandum, Morrissey continued to argue the dismissal was unwarranted, and to defend the prosecution, saying evidence showed that “Mr. Baldwin violated numerous gun safety rules established for the safe handling of firearms on movie sets.”

“Rust” premiered last month at the EnergaCamerimage festival in Toruń, Poland.

Updated with comment from the attorney general’s office and details from the court filing.