‘Rust’ criminal case against Alec Baldwin officially ends as prosecutor withdraws appeal

A New Mexico prosecutor has withdrawn her appeal of the dismissed involuntary manslaughter case against Alec Baldwin, officially ending the years-long criminal case against the “Rust” actor in the 2021 on-set shooting death of cinematographer Halyna Hutchins.

In a filing Monday with the 1st Judicial District Court of New Mexico, special prosecutor Kari Morrissey wrote that the state attorney general informed her that it would “dismiss its appellate efforts if the reviewing court did not recommend summary reversal.”

Under New Mexico law, only the attorney general can prosecute and defend criminal appeals in higher courts, the filing said.

Baldwin’s attorneys Luke Nikas and Alex Spiro called the decision to dismiss the appeal the “final vindication” of what they and the actor “have said from the beginning.”

“This was an unspeakable tragedy but Alec Baldwin committed no crime,” Nikas and Spiro said in a statement. “The rule of law remains intact in New Mexico.”

Attorney Gloria Allred, who represents Hutchins’ Ukraine-based mother, father and sister in their civil case against Baldwin and other “Rust” producers and crew members, told reporters Tuesday that the family was devastated after hearing news of the appeal’s dismissal.

“My clients believe there was no justice because an impartial jury was not given the opportunity to reach a verdict regarding the guilt or innocence of Alec Baldwin,” Allred said during a news conference.

The family is seeking monetary compensation.

Hutchins’ parents and sister’s civil case will continue, Allred said, and the suit has been filed in the 1st Judicial District of New Mexico. This case is separate from the undisclosed settlement Baldwin and other producers reached in 2022 with Hutchins’ husband and son in a wrongful-death lawsuit. A judge approved that settlement last year.

The appeal withdrawal comes five months after a judge dismissed the involuntary manslaughter case against Baldwin after his attorneys questioned the handling of evidence by New Mexico law enforcement and prosecutors.

At the time, Baldwin’s attorneys accused the state of misconduct because a potential witness had handed over a batch of bullets to sheriff’s investigators months before the trial, but it was not examined. The defense was not notified of the evidence.

Earlier this year, armorer Hannah Gutierrez was convicted of involuntary manslaughter in the accidental shooting death of Hutchins and sentenced to 18 months in prison. After Baldwin’s case was dismissed, her attorney argued that she should get a new trial in light of the evidence concerns and that she should be released from prison while the court considered the motion.

A judge denied the request to free her from prison or to schedule a new trial for her. Gutierrez’s attorney said he would appeal the decision.

Last month, “Rust” made its world premiere at a film festival in Poland. The screening was followed by a panel honoring Hutchins.