A judge is considering dismissing the Alec Baldwin “Rust” shooting case.

A New Mexico judge will decide Friday whether to dismiss the involuntary manslaughter charge against Alec Baldwin in connection with the death of Halyna Hutchins, a cinematographer who was accidentally shot while working on the set of the Western “Rust.”

Baldwin’s legal team is pushing Judge Mary Marlowe Sommer to throw out the 66-year-old actor’s case, arguing that important evidence was destroyed during the investigation into the shooting.

Baldwin, the producer and lead actor of the film “Rust,” was rehearsing the scene when he mistakenly shot Hutchins on Oct. 21, 2021. He was sitting in a church pew at the time, practicing a move in which he grabbed the gun from its holster when it suddenly went off. The film’s director, Joel Souza, was also injured.

Court documents show that during a virtual court hearing on Monday, the actor’s lawyers argued that the Colt .45 revolver he used was “destroyed” during FBI testing in 2022.

The local sheriff’s office initially turned the revolver over to federal authorities for routine testing, but after Baldwin claimed in a live interview that he never pulled the trigger, an accidental discharge test was approved.

FBI analysts had to hit the firearm at various angles with a leather hammer, which damaged the trigger mechanism and safety.

Moreover, investigators failed to disassemble and photograph parts of the weapons before testing, the defense argued, ultimately eliminating evidence at the heart of their case.

“They understood it was potentially exculpatory evidence, and they destroyed it anyway,” said Baldwin’s lawyer, John Bash. “This is outrageous and requires firing.”

Prosecutors acknowledged that the weapon was damaged, calling it “unfortunate,” but noted that it was not completely destroyed and that parts were still available. They added that the gun’s condition should not prevent Baldwin’s lawyers from adequately defending him in court.

If a judge refuses to dismiss the charges against Baldwin, he will go on trial in July, the second trial in the accidental shooting on the set of “Rust,” which was later resumed in Montana.

In March, gunsmith Hannah Gutierrez-Reed was convicted of manslaughter in connection with her role in the shooting and sentenced to 18 months in prison.

If convicted, Baldwin could spend a similar amount of time behind bars.

From News Wire Services