Alec Baldwin held the gun that killed Rust's cinematographer. Now a judge has made a shock decision.

There's been a shocking twist in the manslaughter case against Alec Baldwin, who burst into tears following his appearance in court on Friday. 

The star broke down after the judge sensationally dropped the involuntary manslaughter charge against him, following the fatal on-set shooting of cinematographer Halyna Hutchins in 2021. 

Baldwin was holding the gun — that contained live ammunition — when it discharged during filming of the movie, Rust, for which he was both lead actor and co-producer.

Watch Alec Baldwin's interview: 'The trigger wasn't pulled. I didn't pull the trigger.' Post continues below.

He pleaded not guilty to the charges in February, however Baldwin's defence attorneys convinced the judge to dismiss the case with prejudice on Friday, arguing that prosecutors had buried evidence.

Baldwin's attorney, Luke Nikas, requested the case be dropped prior to the jury's return to the courtroom on the third day of the trial, claiming that prosecutors sat on evidence that would have helped shed light onto how live ammunition was brought on to the set of the Western movie Rust in 2021.

Baldwin's lawyer said a friend of Thell Reed, the father of convicted Rust armourer Hannah Gutierrez-Reed — who was found guilty of involuntary manslaughter — turned over ammunition to authorities that he believed was connected to the case.

Image: Getty.

"We're talking about a prosecution that didn't preserve those bullets, that didn't collect them at all. That didn't turn them over," he said.

"This is critical evidence in the case that was never disclosed to us…We were entitled to it. This case should be dismissed, Your Honour."

Several witnesses also testified, including Corporal Alexandria Hancock of the Santa Fe Sheriff's Office, who denied hiding evidence. 

She did admit the ammunition Teske handed over was filed separately from the other Rust evidence, and confirmed prosecutor Kari T. Morrissey was involved in discussions to do that. 

The prosecutor then called herself to the stand, to explain why she didn't think the ammunition was considered Rust evidence.

Judge Sommer dismissed the charges shortly after Morrissey finished her testimony.

"The late discovery of this evidence during trial has impeded the effective use of evidence in such a way that it has impacted the fundamental fairness of the proceedings," she said.

Image: Getty.

What happened during filming of Rust?

It was a typical day on a standard Hollywood movie set, when cinematographer Halyna Hutchins was shot and killed.

On the set of the film, Rust, in New Mexico in October, 2021, one of the prop guns on set contained live ammunition. 

The gun was being held by Baldwin. While rehearsing his scene, he reportedly fired the live round, the bullet striking Hutchins' chest. She died in hospital from her injuries. The shot also injured director Joel Souza, who was standing behind her.

The 42-year-old, who was working as the film's director of photography was flown to hospital by helicopter, but died from her injuries. Souza was treated for a shoulder wound and later discharged. 

"My heart is broken for her husband, their son, and all who knew and loved Halyna," Baldwin said at the time, while also claiming he was "fully co-operating with the police investigation".

Court documents show assistant director David Hall had shouted "cold gun", suggesting he didn't realise the gun contained live ammunition. It was later revealed Halls had been sacked from a previous production over gun safety violations, after a crew member incurred a minor injury because of a gun being unexpectedly discharged. 

In November 2021, a legal action against Baldwin, filed by script supervisor Mamia Mitchell, alleged the actor did not need to fire the gun at the time Hutchins was shot, as the script did not require it. Her lawyer described Baldwin's actions as "playing Russian roulette". 

Didn't pull the trigger. 

In December 2021, Baldwin told reporters he "didn't pull the trigger" and that someone—not him, "put a live bullet in a gun"

He admitted his career might be over, and said while he'd been emotionally scarred, he didn't feel "guilty". 

The question of where the live ammunition came from became a central part of the police investigation. Police obtained a search warrant for Baldwin's phone at this time. By January 2022, police alleged they were yet to receive the actor's phone, but Baldwin hit back via Instagram. In a video posted to the social media platform, Baldwin refuted any suggestion that he had been deliberately evasive with investigators.

"They can't just go through your phone and take your photos, or your love letters to your wife, or what have you," Mr Baldwin said in the video. "That is a process that takes time. But of course we are going to comply 1000 per cent with all that."

By mid-January, Baldwin had turned over his phone. 

Cinematographer Halyna Hutchins was shot and killed after Alec Baldwin shot a live round of ammunition during rehearsals. Image: Getty.

Live ammo.

In January 2023, Gutierrez-Reed, the armourer, sued the prop supplier, alleging the company distributed "a mix of dummy and live ammunition" on set, despite being misrepresented as only dummy ammunition. 

The following month, Hutchins' family sued Baldwin, assistant director Halls, Gutierrez-Reed and prop master Sarah Zachry, alleging the actor "recklessly shot and killed" Hutchins. The family's lawyers said she would still be alive if crew members had not cut corners.

In April, Rust Movie Productions was issued the maximum fine by the New Mexico Environment Department for showing "plain indifference to recognised hazards associated with use of firearms on set", according to the New Mexico Environment Department.

But the production company maintained it "enforced all applicable safety protocols" and did not "'wilfully' violate any safety protocol".

Charges laid. 

In January 2023, Baldwin and Gutierrez-Reed were charged with two counts of involuntary manslaughter, facing up to 18 months jail and a fine if convicted. Both announced their intention to fight the charges, while assistant director David Halls entered a guilty plea to negligent use of a deadly weapon, receiving six months' probation. 

Later in the year, it was reported the charges against Baldwin were dropped, while Gutierrez-Reed was additionally charged with tampering with evidence for allegedly transferring narcotics to another person following her interview with police after the shooting. She pleaded not guilty to both offences. 

In October 2023, special prosecutors announced their intention to present a case to a grand jury that Baldwin had criminal liability in the shooting. The grand jury ultimately indicted the actor on involuntary manslaughter charges. 

Gutierrez-Reed was found guilty of involuntary manslaughter, but not guilty of tampering with evidence. Her sentencing will be done at a later date.

In February 2024 Baldwin pleaded not guilty to the charges. The charges against him have now been dismissed. 

This article was originally published in March 2024, and has since been updated with new information.

Feature Image: Getty