Baldwin Set Shooting

This aerial photo shows the movie set of “Rust,” at Bonanza Creek Ranch on Oct. 23, 2021, in Santa Fe, N.M. Jae C. Hong/Associated Press, file

Prosecutors intend to introduce evidence in next month’s “Rust” shooting trial that they say shows Alec Baldwin being “reckless” and engaging in “horseplay” with firearms in the days and final minutes before a prop gun discharged in his hand, killing cinematographer Halyna Hutchins and injuring director Joel Souza.

In a notice to Baldwin’s attorneys filed Monday, New Mexico prosecutors Kari T. Morrissey and Erlinda O. Johnson outlined videos filmed on the “Rust” set over a 10-day period leading up to Hutchins’s death on Oct. 21, 2021. The footage allegedly shows Baldwin pointing a prop revolver and firing a blank round at a crew member, using a gun as a pointer to direct crew members on set, and FaceTiming with his family during firearms training, among other “erratic and aggressive behavior.”

Baldwin Set Shooting

Alec Baldwin Photo by Evan Agostini/Invision/AP, file

Baldwin, who is starring in and producing the still-unreleased western film, has denied all charges and insisted he didn’t pull the trigger of the gun. The new filing paints a very different picture, accusing Baldwin of placing his finger on the revolver’s trigger in several scenes that didn’t require him to and pressuring armorer Hannah Gutierrez-Reed – who was sentenced to 18 months in prison for the shooting in April – to reload the weapon.

Before filming began, Baldwin “asked to be assigned the ‘biggest’ gun available,” the filing notes.

Most of the videos are under court seal, though prosecutors released an Oct. 14 clip that appears to show Baldwin firing a gun with blanks while crew members stand several feet away, filming him on their phones. He curses in the clip: “My [expletive] hat came off. Let’s do it again.”

“This is another example of Mr. Baldwin engaging in horseplay with his gun and firing his gun when a scene is not being filmed and for no other legitimate purpose,” the filing claims.


Footage obtained from the day of Hutchins’s death, as described in the documents, allegedly shows Baldwin disregarding instructions on how to handle his firearm and cocking the gun despite not being asked to do so. Prosecutors also claim that a photograph, captured minutes before a 911 call was made to report the shooting, shows Baldwin “manipulating” his prop gun.

Prosecutors also allege that once filming on “Rust” resumed in Montana last year, Baldwin insisted that he not be required to follow recommendations made by film set safety experts.

Baldwin, 66, has pleaded not guilty to the felony manslaughter charge and faces up to 18 months in prison if convicted.

The trial, which is expected to begin July 10, follows an onslaught of criminal and civil proceedings the Emmy-winning actor has faced since a .45 Long Colt revolver discharged in his hand during an informal rehearsal, killing Hutchins, 42, and wounding Souza. Baldwin has claimed that he pulled back the hammer but not the trigger.

In March, Gutierrez-Reed was found guilty of involuntary manslaughter. During the trial, prosecutors accused her of negligence, alleging that she brought live ammunition on set and inadvertently loaded it into Baldwin’s gun. But they blamed Baldwin for not noticing that the 24-year-old “was not up to the job.”

Prosecutors first charged Baldwin with involuntary manslaughter in January 2023 but dismissed the charges months later “to conduct further investigation.” Then in January, a grand jury indicted him, listing two options to pursue an involuntary manslaughter charge. The main count claims the actor negligently handled the prop gun. An alternative count says Baldwin caused Hutchins’s death “with the total disregard or indifference for the safety of others.” In the most recent filing, prosecutors cast their decision to temporarily drop the charges as a show of good faith as their investigation continued.

Attorneys representing Baldwin did not immediately respond to a request for comment but have previously called the charges against him “misguided” and argued that Baldwin was not at fault because he was told that the gun was not loaded with live ammunition.


Annabelle Timsit and Samantha Chery contributed to this report

Related Headlines

Comments are not available on this story.

filed under: