Embattled Hollywood star Alec Baldwin is asking a New Mexico judge to dismiss his "Rust" manslaughter indictment following the film's armorer, Hannah Gutierrez, being convicted.
The actor's legal team is arguing that prosecutors in the case acted unethically and failed to present crucial evidence to the grand jury. The attorneys claimed that the state was in violation of "nearly every rule in the book" amid efforts to convict Baldwin in the fatal movie set shooting of cinematographer Halyna Hutchins on Oct. 21, 2021.
Alec Baldwin Seeks to Dismiss Manslaughter Indictment
The lawyers said that the situation was simply an abuse of the system as well as an abuse of an innocent person whose rights, they said, have been "trampled to the extreme."
The request comes as Baldwin was indicted on two counts, involuntary manslaughter, negligent use of a firearm, or, in the alternative, involuntary manslaughter without due caution or circumspection, on Jan. 19, according to Fox News.
The incident revolves around the Hollywood star practicing drawing a gun that he had been told was safe when it suddenly discharged a live bullet that struck and subsequently killed Hutchins. Baldwin has remained relatively quiet regarding the criminal case since it was revived in January.
The prosecutors in the case argued that the actor failed to observe firearm safety measures on the set of the movie. The filing made by Baldwin's legal team cited a New Mexico Supreme Court decision where an indictment was dismissed after it was found that the prosecution "prevented the grand jury from inquiring into the facts demonstrating probable cause.
They also allegedly failed to act in a fair and impartial manner when instructing the grand jury amid the case. Kari T. Morrissey, the lead prosecutor, did not comment on the specifics of the motion. However, she said that their response would be filed later with the court.
In the event that the judge moves to dismiss the manslaughter indictment against the Hollywood actor, prosecutors could bring the case to a new grand jury. This would extend the already long and winding prosecution, said the New York Times.
Read Also : Alec Baldwin's 'Rust' Armorer Hannah Gutierrez-Reed Found Guilty of Involuntary Manslaughter
Guilty Conviction of Hannah Gutierrez
The situation comes after the film's armorer, Gutierrez, was convicted of involuntary manslaughter in relation to the case last week. She is now facing up to 18 months in prison and her sentencing was scheduled for next month.
The 26-year-old was responsible for loading six dummy rounds into cartridges that were not supposed to be able to fire and were made to resemble real ammunition. These were the ones that were placed inside the gun that Baldwin held at the time that he fatally shot Hutchins.
Gutierrez' lawyers laid the blame on the production for not affording her enough time for her armorer duties, a claim that producers have denied. Additionally, the defendant's legal team said that they plan to appeal the verdict.
Judge Mary Marlowe Sommer, who was in charge of Gutierrez' case, ordered the armorer to be taken into custody following the verdict. The 26-year-old is currently being held at the Santa Fe County Adult Detention Facility while awaiting her sentencing, according to Yahoo Sport.
