By Andrew Hay, Reuters
This handout image shows actor Alec Baldwin being processed after the death of cinematographer Halyna Hutchins at the Bonanza Creek Ranch in Santa Fe, New Mexico, October 21, 2022. Photo: AFP
New Mexico prosecutors intend to recharge actor Alec Baldwin with involuntary manslaughter for the fatal shooting of Rust cinematographer Halyna Hutchins in 2021, NBC News reported on Tuesday, citing two sources familiar with the matter.
Baldwin's case will be brought before a grand jury in mid-November, the report added.
Kari Morrissey, a special prosecutor on the case, did not immediately respond to requests for comment.
"It is unfortunate that a terrible tragedy has been turned into this misguided prosecution. We will answer any charges in court," Luke Nikas, an attorney for Baldwin, said in a statement.
Baldwin was originally charged with involuntary manslaughter in January for Hutchins death. She died in a movie-set church outside Santa Fe when a revolver Baldwin was rehearsing with fired a live round that passed through her and wounded director Joel Souza.
Baldwin has said he is not responsible for Hutchins' death and he did not pull the trigger.
Prosecutors dismissed charges against Baldwin in April after new evidence emerged that the gun he used may have been modified, allowing it to fire without the trigger being pulled.
Morrissey said at the time that if new testing of the gun showed it was working, she would recharge Baldwin.
Subsequent testing of the reproduction long Colt .45-caliber revolver by an independent expert showed it would not fire unless the trigger was pulled, confirming previous FBI testing.
The report of a possible grand jury came after a judge last week ordered the movie's production company to provide prosecutors with all written agreements and contracts it had with Baldwin prior to the October 2021 shooting.
Prosecutors often use grand juries as they are an easier means to prove probable cause and proceed to trial than filing a criminal complaint that can be probed by defense lawyers at a preliminary hearing, legal experts say.
- Reuters