Prosecutors seeking to recharge Alec Baldwin in fatal shooting on set of Western movie ‘Rust’

SANTA FE, N.M. — Special prosecutors are seeking to recharge actor Alec Baldwin in the fatal shooting of a cinematographer on the set of a Western movie in 2021, describing Tuesday their preparations to present new information to a grand jury.

New Mexico-based prosecutors Kari Morrissey and Jason Lewis said they’ll present their case to the grand jury within the next two months, noting “additional facts” have come to light in the shooting on the set of the film “Rust” that killed Halyna Hutchins.

Baldwin, a coproducer of the film, was pointing a gun at Hutchins during a rehearsal inside a rustic chapel on a movie-set ranch near Santa Fe when the gun went off on Oct. 21, 2021, killing the cinematographer and wounding director Joel Souza.

“After extensive investigation over the past several months, additional facts have come to light that we believe show Mr. Baldwin has criminal culpability in the death of Halyna Hutchins and the shooting of Joel Souza,” Morrissey and Lewis said in an email. “We believe the appropriate course of action is to permit a panel of New Mexico citizens to determine from here whether Mr. Baldwin should be held over for criminal trial.”

They declined to elaborate on the additional information they may present to the grand jury.

Baldwin has said he pulled back the hammer — but not the trigger — and the gun fired.

Attorneys for Baldwin said the latest move by prosecutors is misguided.

“It is unfortunate that a terrible tragedy has been turned into this misguided prosecution. We will answer any charges in court,” Luke Nikas and Alex Spiro said in an email.

Special prosecutors initially dismissed an involuntary manslaughter charge against Baldwin in April, saying they were informed the gun might have been modified before the shooting and malfunctioned. They later pivoted and began weighing whether to refile a charge against Baldwin after receiving a new analysis of the gun.

The recent gun analysis from experts in ballistics and forensic testing based in Arizona and New Mexico relied on replacement parts to reassemble the gun fired by Baldwin — after parts of the pistol were broken during earlier testing by the FBI. The report examined the gun and markings it left on a spent cartridge to conclude that the trigger had to have been pulled or depressed.

The analysis led by Lucien Haag of Forensic Science Services in Arizona stated that although Baldwin repeatedly denies pulling the trigger, “given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver.”

An earlier FBI report on the agency’s analysis of the gun found that, as is common with firearms of that design, it could go off without pulling the trigger if force was applied to an uncocked hammer — such as by dropping the weapon.