Alec Baldwin Loses Bid to Dismiss ‘Rust’ Involuntary Manslaughter Charge

lost his bid Friday to get his involuntary manslaughter case dismissed. A judge in New Mexico denied his request andafter a testy hearing last week.

In her ruling Friday, New Mexico District Court Judge Mary Marlowe Sommer denied Baldwin’s motion on the grounds that she saw no evidence of “bad faith” on the part of prosecutors. “The prosecutor has broad discretion as to what evidence to present to, or exclude from, the grand jury, and courts will not review any good-faith decisions the prosecutor makes in that regard once an indictment is returned,” she wrote.

Baldwin then argued it was misleading when prosecutors had a “purported” firearms expert named Michael Haag testify that FBI analysis showed the prop gun would not have fired during the rehearsal unless Baldwin pulled the trigger. “Haag omitted several essential facts regarding that testing, including that the FBI testing established that the gun did fire without a trigger pull when the firearm was fully loaded with six rounds, as it was on the day of the incident,” the motion argued.

They stressed that they consider their case very clear cut. “The reason Baldwin’s behavior was a violation of the law is because he pointed a gun at a person, cocked it and pulled the trigger having no personal knowledge what type of ammunition was in the gun. This is a violation of basic gun safety and New Mexico law,” they wrote in their opposition to his dismissal motion.

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