Alec Baldwin Loses Second Bid to Throw Out Manslaughter Charge
variety.comGene Maddaus Senior Media Writer A New Mexico judge on Friday denied Alec Baldwin‘s second attempt to throw out his manslaughter indictment, finding that it should be up to a jury to decide if his recklessness led to the death of cinematographer Halyna Hutchins.
Baldwin is due to face a trial in Santa Fe beginning on July 9. He is accused of negligently pointing a Colt .45 at Hutchins and pulling the trigger during filming of the Western film “Rust.” Baldwin’s lawyer, John Bash, argued Friday that the unique circumstances of the case do not rise to the level of negligence required for an involuntary manslaughter charge.
Baldwin and others have said that they were told that his gun was “cold.” Bash argued that the state has conceded that everyone on set believed that the gun was loaded with dummy rounds.
Therefore, Bash argued, Baldwin was unaware of the danger posed by the gun, which in fact contained a live round. “What they have alleged here is not a crime,” Bash argued. “If he didn’t know of the substantial risk that it had live ammunition in it, he can’t be guilty.” Judge Mary Marlowe Sommer rejected that logic, however, finding that it’s an open question whether Baldwin had enough information to suspect that the gun was loaded. “There does exist disputed facts before the court that are not capable of dismissal as a matter of law.
Read more on variety.com
