(CNN) — Prosecutors in the “Rust” fatal shooting case plan to file a notice to dismiss involuntary manslaughter charges against Alec Baldwin, his attorney, Luke Nikas, tells CNN.
CNN has contacted the special prosecutor in the Santa Fe, New Mexico case for comment.
Halyna Hutchins, the film’s cinematographer, was struck and killed by a live round of ammunition fired from a prop gun being held by Baldwin, while rehearsing a scene on the set of “Rust” in 2021. Baldwin has pleaded not guilty.
Director Joel Souza was also shot and injured.
Baldwin and “Rust” armorer Hannah Gutierrez Reed were both charged with involuntary manslaughter in January. Baldwin pleaded not guilty. An attorney for Gutierrez Reed has previously said she will plead not guilty and has maintained her innocence. A preliminary hearing in her case is set for May 3.
Prosecutors already removed a firearm enhancement charge against Baldwin and Gutierrez Reed, reducing a potential prison sentence from 5 years to a maximum of 18 months.
“We are pleased with the decision to dismiss the case against Alec Baldwin and encourage a proper investigation into the facts and circumstances of this tragic accident,” Baldwin’s attorneys Luke Nikas and Alex Spiro told CNN.
Thursday’s development comes one month after the special prosecutor in the case, Andrea Reeb, stepped down, following a motion by Baldwin’s attorney to have Reeb disqualified as “unconstitutional” under New Mexico law due to her elected position in the New Mexico House of Representatives. Santa Fe District Attorney Mary Carmack-Altwies then also stepped away from the case and appointed long-time New Mexico attorneys Kari Morrissey and Jason Lewis to serve as special prosecutors.
Earlier this year, “Rust” assistant director Dave Halls and prosecutors reached a plea agreement “for the charge of negligent use of a deadly weapon.” At the time, prosecutors said the terms of that deal include six months of probation and a suspended sentence.
As part of a wrongful death settlement between Matthew Hutchins, the widower of Halyna Hutchins, Baldwin and “Rust” producers, production on the film has resumed. Matthew Hutchins is now serving as an executive producer on the project.
A status hearing in the case is scheduled to take place Friday, according to the First Judicial District Court. The hearing, scheduled for 4:30 p.m. ET, will live stream on the New Mexico Courts YouTube site.
Judge Mary Marlow Sommer and attorneys are expected to attend the hearing via Google Meet.
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