Alec Baldwin may still face criminal charges in “Rust” shooting as prosecutors convene grand jury

Alec Baldwin may once again face criminal charges in the fatal shooting of cinematographer Halyna Hutchins on the set of the low-budget Western film Rust two years ago.

New Mexico prosecutors announced Tuesday that they intend to convene a Santa Fe grand jury to determine whether probable cause exists to refile charges against the actor and producer, six months after a previous charge of involuntary manslaughter was dropped.

"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 [Rust director] Joel Souza," special prosecutors Kari T. Morrissey and Jason J. Lewis said in a statement. "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."

Morrissey and Lewis said they intend to present the case to the grand jury within the next two months.

Presley Ann/Getty Images Alec Baldwin

In response to the announcement, Baldwin's lawyers Luke Nikas and Alex Spiro said in a statement, "It is unfortunate that a terrible tragedy has been turned into this misguided prosecution. We will answer any charges in court."

Baldwin and Rust armorer Hannah Gutierrez-Reed were previously charged with involuntary manslaughter in January in relation to Hutchins' death. Both pleaded not guilty, and the charges against Baldwin were dropped in April. At the time, prosecutors said the decision did "not absolve Mr. Baldwin of criminal culpability" and added that charges could be refiled.

Hutchins was killed and Souza was wounded on the Rust set on Oct. 21, 2021, when a gun being held by Baldwin discharged. Baldwin had been told the gun was "cold," meaning it did not contain live ammunition, and he has maintained that he did not pull the trigger.

However, Morrissey told the New York Times on Tuesday that additional forensic analysis performed on the firearm contradicts Baldwin's claims. "The forensic testing of the gun concluded with certainty that the trigger of the gun had to have been pulled for the gun to go off," she said.

The new analysis, conducted by forensic gun expert Lucien C. Haag, led the prosecution to reopen the case after Haag concluded that "the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver," according to the Times. However, the outlet notes that several parts of the gun were broken when Haag received it, requiring him to rebuild the weapon with new parts prior to his findings.

Baldwin celebrated wrapping production on Rust in May. The film, which is set in Kansas in the 1880s, also stars Jensen Ackles, Travis Fimmel, and Frances Fisher.

Related content:

• Alec Baldwin manslaughter charges being dropped in deadly Rust shooting

• Alec Baldwin sued for negligence by late Rust cinematographer's parents and sister

• Alec Baldwin's 'willful disregard' for safety 'directly caused' fatal Rust shooting, prosecutors say