Alec Baldwin skipping 'Rust' preliminary hearing

Jun 12, 2024

Alec Baldwin stands accused of the involuntary manslaughter of cinematographer Halyna Hutchins (top right) on the set of “Rust” (bottom right).

Actor Alec Baldwin will not have to attend his preliminary hearing in New Mexico in June for involuntary manslaughter charges related to the fatal shooting of Halyna Hutchins on the set of the film “Rust.”

Court documents filed on Monday show a waiver of appearance granted by Judge Mary Marlowe Sommer.

The preliminary hearing is scheduled to kick off at the Santa Fe County Courthouse on May 3 — and is expected to stretch for two weeks. The state’s witness list from months ago included 46 anticipated witnesses, largely consisting of local and federal law enforcement officers.

The prosecution team has experienced considerable shake-up since that time, however, and remains unclear whether that list will be changed closer to the proceedings.

On Jan. 19, 2023, Baldwin and “Rust” armorer Hannah Gutierrez-Reed were charged with involuntary manslaughter for their alleged role in the tragic shooting on Oct. 21, 2021. Both deny any criminal liability for the events, but prosecutors claim that, if not for them, Hutchins would still be alive.

Baldwin said he thought the gun wasn’t loaded and denied pulling the trigger. Prosecutors say that FBI testing confirmed that the weapon couldn’t have fired if Baldwin didn’t deploy it. Baldwin and armorer Hannah Gutierrez-Reed now face involuntary manslaughter charges.

As the case prepares for trial, the two of them both achieved a significant victory, after prosecutors dropped a sentencing enhancement that raised the possibility of five years of imprisonment over their heads. Baldwin successfully argued that the enhancement was unconstitutional, as it cited a law revised well after the late 2021 shooting.

After Reed joined Baldwin’s motion, prosecutors voluntarily withdrew the enhancement, claiming that doing so would “avoid further litigious distractions by Mr. Baldwin and his attorneys.” Baldwin’s attorneys skewered those public swipes as an extraordinary reaction to their “meritorious motion.”

Former “Rust” assistant director David Halls received a suspended jail sentence after pleading no contest to a lesser charge last month and may testify against the actor. As a condition of his plea deal, Halls agreed to testify in any proceedings where he may be needed. The state intends to call him for next month’s preliminary hearing.

Following his plea for unsafe handling of a deadly weapon, Halls received a 6-month sentence, which Judge Mary Marlowe Summer immediately suspended for a sentence of “unsupervised probation.”

Baldwin’s attorney Luke Nikas did not immediately respond to Law&Crime’s email requesting comment. Neither did a representative for the government.

Have a tip we should know? [email protected]

Law&Crime's managing editor Adam Klasfeld has spent more than a decade on the legal beat. Previously a reporter for Courthouse News, he has appeared as a guest on NewsNation, NBC, MSNBC, CBS's "Inside Edition," BBC, NPR, PBS, Sky News, and other networks. His reporting on the trial of Ghislaine Maxwell was featured on the Starz and Channel 4 documentary "Who Is Ghislaine Maxwell?" He is the host of Law&Crime podcast "Objections: with Adam Klasfeld."