Alec Baldwin charges in “Rust” shooting expected to be dropped, actor’s attorneys say

Alec Baldwin’s attorneys said Thursday they expect New Mexico prosecutors to drop charges against the actor for the fatal shooting on the set of his Western movie “Rust” in 2021. Baldwin was holding a gun while rehearsing a scene when it went off, killing cinematographer Halyna Hutchins and wounding director Joel Souza.

“We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident,” Baldwin’s attorneys Luke Nikas and Alex Spiro said in a statement to CBS News.

The news was first reported by entertainment news outlet Deadline.com.

CBS News has reached out to prosecutors for comment.

CBS News legal contributor Jessica Levinson noted that District Attorney Mary Carmack-Altwies appointed two new special prosecutors to take over the case at the end of March.

“We have to basically surmise that they didn’t think they could prove this beyond a reasonable doubt to a juror,” Levinson said.

Baldwin and the film’s armorer, Hannah Gutierrez-Reed, were charged with involuntary manslaughter in January. In February, prosecutors dropped a firearm enhancement that would have required each of them to serve a mandatory five-year sentence if convicted.

It wasn’t immediately clear how Thursday’s developments affected the prosecution against Gutierrez-Reed.

Levinson noted that a possible new theory of the case could focus more on Gutierrez-Reed.

“If it’s her fault, if she’s the one who engaged in criminal conduct, then it does make sense, based on a theory of the case, to say, well, he could have trusted her,” Levinson said.

Baldwin has long denied pulling the gun’s trigger, but prosecutors said the weapon couldn’t fire unless the trigger was pressed.