The judge denies the motion to dismiss the charges

Brad Brooks
| Reuters Agency

A New Mexico judge on Friday rejected actor Alec Baldwin’s request to dismiss the manslaughter charge he faced in connection with the fatal shooting of a cameraman in 2021 on the set of the film “Rust.”

In her ruling, the judge rejected arguments made by Baldwin’s lawyers at the June 21 hearing and on Monday, who argued that the charge should be dismissed because the gun that fired the bullet that killed cinematographer Halyna Hutchins was damaged during tests conducted by the FBI after her death , which prevented Baldwin’s lawyers from conducting their own tests.

Baldwin’s legal team said prosecutors based their case on the unproven hypothesis that the gun was functioning properly and could not have fired if Baldwin had not pulled the trigger. Baldwin’s lawyers argued that the gun had been modified, allowing it to fire without pulling the trigger.

Judge Mary Sommer, in her decision to dismiss Baldwin’s motion, said his lawyers were unable to prove that prosecutors damaged the gun knowing it could prove someone’s innocence, nor that they were unable to obtain “comparable evidence” after weapon damage.

Sommer agreed that the gun was key to the case and added that prosecutors would have to call witnesses who could explain to the jury how it was damaged and what it meant.

In January, Baldwin pleaded not guilty to a charge of involuntary manslaughter. Baldwin’s trial is scheduled to begin July 10.

On May 24, Sommer denied a separate motion by Baldwin’s team to dismiss the charges, arguing that the New Mexico prosecutor failed to inform jurors of the opportunity to question defense witnesses and did not allow them to review evidence that would be helpful in the actor’s case.

The “30 Rock” star denied responsibility for Hutchins’ death, claiming the gun discharged itself when he pointed it at the cameraman and cocked it. He denies pulling the trigger on what became the centerpiece of the case.

Gunsmith “Rust” Hannah Gutierrez, who mistakenly loaded live ammunition into the revolver used in the shooting, was found guilty of manslaughter and in April was sentenced to 18 months in prison, the same sentence Baldwin would receive if convicted.

Contribution: Andrew Hay, Reuters