What to know about grand jury evidence on actor Alec Baldwin and the 2021 fatal film set shooting

SANTA FE, N.M. – Prosecutors are getting ready to provide evidence to a grand jury towards Alec Baldwin in the fatal 2021 shooting of a cinematographer on the set of a Western film in New Mexico.

A grand jury didn’t absorb the case Thursday and a call on whether or not to revive prison fees towards Baldwin nonetheless might be weeks away. It’s a secretive procedure with out public get entry to, as prosecutors provide evidence and witnesses most likely testify and not using a cross-examination or instant vetting by way of protection recommend.

Baldwin, lead actor and co-producer of “Rust,” used to be pointing a gun at cinematographer Halyna Hutchins all the way through a practice session on a film set outdoor Santa Fe in October 2021 when the gun went off, killing her and wounding director Joel Souza. Baldwin has stated he pulled again the hammer — however now not the cause — and the gun fired.

Special prosecutors first of all disregarded an involuntary manslaughter fee towards Baldwin in April, announcing they have been knowledgeable the gun would possibly had been changed earlier than the shooting and malfunctioned. They later pivoted after receiving a brand new research of the gun and will ask a grand jury to believe recharging Baldwin.

Here are a few of the contemporary trends.

SUBPOENAED EVIDENCE

Special prosecutors aren’t best marshaling evidence towards Baldwin for the grand jury to believe, but in addition actively getting ready for a scheduled February 2024 trial towards “Rust” film armorer Hannah Gutierrez-Reed, who has pleaded now not accountable to involuntary manslaughter and evidence tampering in the case.

Those arrangements for trial come with contemporary subpoenas for paperwork from manufacturers of “Rust,” and any audio and video recordings held by way of a Malibu, California, manufacturing studio that would possibly come with Baldwin on the set of “Rust” or his feedback about the film somewhere else.

Neama Rahmani, a former federal prosecutor in Southern California and lately president of West Coast Trial Lawyers, says paperwork or data exposed in case towards Gutierrez-Reed may also be repurposed .

“These can absolutely be used against Baldwin,” he stated.

UNRELEASED VIDEOS

Several prior to now unreleased video clips of Baldwin on the set of “Rust,” prior to the fatal shooting, emerged Wednesday on NBC News, with out indicating who equipped the photos. They display Baldwin firing a prop gun outside in the desolate tract and voicing issues about protection.

“You want to go on the other side of the camera? I don’t want to shoot toward you,” he says in a single clip.

Rahmani says he is noticed not anything that may shift core arguments by way of prosecutors towards Baldwin.

“I don’t see how any of this is new evidence. It isn’t,” Rahmani stated. “Their theory in the case is going to be that Baldwin pulled the trigger, even though he said he didn’t. …. You should never point even a gun at another human being and pull the trigger, even if you believe it contains blanks. That’s their theory of the case. This video doesn’t change any of that.”

GUN ANALYSIS

Experts in ballistics and forensic trying out founded in Arizona and New Mexico relied on substitute portions to reassemble the gun fired by way of Baldwin — after portions of the pistol have been damaged all the way through previous trying out by way of the FBI. Their file tested the gun and markings it left on a spent cartridge to conclude that the cause had to had been pulled or depressed.

The research led by way of Lucien Haag of Forensic Science Services in Arizona mentioned that even though Baldwin again and again denied pulling the cause, “given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver.”

An previous FBI file on the company’s research of the gun discovered that, as is commonplace with firearms of that design, it might cross off with out pulling the cause if power used to be carried out to an uncocked hammer — akin to by way of shedding the weapon.

The best manner the testers may get it to fireplace used to be by way of putting the gun with a mallet whilst the hammer used to be down and resting on the cartridge, or by way of pulling the cause whilst it used to be absolutely cocked. The gun sooner or later broke all the way through trying out.

NEXT STEPS

A grand jury may weigh whether or not there may be “probable cause” to convey fees towards Baldwin as the goal of the investigation. To indict him, no less than 8 jurors out of 12 will have to endorse a possible reason discovering. A case can’t be introduced two times earlier than a grand jury on the identical evidence, so if they do not continue this time a 2d grand jury is much less most probably.

New Mexico-based prosecutors Kari Morrissey and Jason Lewis say further info have come to mild that they imagine display Baldwin has prison culpability in the dying of Hutchins.

Attorneys for Baldwin say a horrible tragedy has was this faulty prosecution strive and that they’re going to resolution any fees in courtroom.

In March, David Halls, “Rust” assistant director and protection coordinator, pleaded no contest to unsafe handling of a firearm and gained a suspended sentence of six months of probation. He agreed to cooperate in the investigation of the shooting.