Alec Baldwin Manslaughter Charges ‘Improperly’ Dismissed, Prosecutor Says

The special prosecutor who charged actor Alec Baldwin with involuntary manslaughter said the judge in the case “improperly” dismissed the charges.

Kari Morrissey argued in a July 31 filing made public on Monday that Judge Mary Marlowe Sommer used flawed reasoning in order to get the charges dismissed against Baldwin, Deadline reported.

The charges stem from an incident on the set of Baldwin’s film “Rust,” on October 21, 2021, when Baldwin began filming a scene and the gun he was holding fired a live round that killed cinematographer Halyna Hutchins and injured the film’s director, Joel Souza.

The armorer in charge of weapons on set, Hannah Gutierrez Reed, was previously sentenced to 18 months in prison for her role in Hutchins’ death.

Gutierrez Reed filed an expedited motion last month asking for a new trial after Baldwin’s case was dismissed due to prosecutors withholding evidence from the defense.

Special prosecutor Morrissey also argued in his filing that Guetierrez Reed should not get a new trial.

“Based on the Court’s off-record statement, it was apparent that the Court was intending to dismiss the case,” Morrissey wrote. “Although the Court’s final order has not yet been filed, undersigned counsel contends that the Court misunderstood the testimony on July 12, 2024, and improperly dismissed the case against Mr. Baldwin.”

“If the Court were to decide that the dismissal of the case against Mr. Baldwin was proper there is one HUGE difference – in the Gutierrez case the State was not in possession of the Teske ammunition prior to trial (although arguably Mr. Bowles was), in the Baldwin case the State was in possession of the Teske ammunition,” the prosecution filing stated, referring to the Colt .45 rounds that suddenly appeared thanks to ex-Arizona cop Troy Teske, who was a friend of Gutierrez Reed’s father, himself a Hollywood gun coach. “[Guttierez Reed’s attorney Jason] Bowles is comparing apples and oranges and trying to make a square peg fit in a round hole.”

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Sommer had ruled that the prosecution was “highly culpable for its failure to provide discovery to the defendant,” thus warranting the case to be dismissed with prejudice, meaning prosecutors can’t regroup and try Baldwin again.

“The late discovery of this evidence has impacted the fundamental fairness of the proceedings,” Sommer ruled. “There is no way for the court to right this wrong. The sanction of dismissal is the only warranted remedy.”

Baldwin was an executive producer on the film, which is why he was charged with involuntary manslaughter. He faced up to 18 months in prison if he had been convicted. “Rust” was canceled after the incident, and it is unclear when or if Baldwin will return to movies or television.