Ted Spaulding, an Atlanta attorney who also is not involved in the case, said that while it would be easier to argue that active impairment leads to negligence, prosecutors can still argue that alcohol and drug use - and being hungover - likely lead to negligence. The involuntary manslaughter charge faced by Baldwin, who also was a producer on the film, was dismissed in April, with prosecutors citing new evidence and the need for more time to investigate.īaldwin was pointing a gun at cinematographer Halyna Hutchins during a rehearsal on the set in October 2021 when it went off, killing her and wounding director Joel Souza. Prosecutors said they have witnesses who will testify that Gutierrez-Reed drank and smoked marijuana in the evenings during the filming of “Rust.” However, the weapons expert was never tested, and it’s unclear what evidence prosecutors could present to make the case that she could have been hungover when she loaded a live bullet into the revolver that the actor used. To be throwing it out there doesn’t look that good,” said Miguel Custodio, a Los Angeles personal injury attorney. They need to have more specificity when it comes to that allegation, because it’s kind of serious. “When you think about how they’ve conducted this investigation since the beginning, it’s almost in step with what they had done before. Several lawyers who are not involved with the case but have been watching it closely said Wednesday that prosecution statements in response to a defense motion last month seeking to dismiss her involuntary manslaughter charge are vague and would be difficult to prove. Gutierrez-Reed’s attorneys argue that prosecutors are resorting to character assassination, and some legal experts are doubtful it will make for a winning strategy for prosecutors. But they have offered no details, and barring more evidence, they’re now basing part of their case against her on the idea that a night of drinking and marijuana use left her incapable of the judgment necessary to ensure the set was safe. Prosecutors said in their latest court filing that they have some evidence to support the theory that weapons expert Hannah Gutierrez-Reed may be responsible for the introduction of the rounds. (AP) - More than a year and a half after Alec Baldwin shot and killed a cinematographer while rehearsing a scene on set in New Mexico, prosecutors have yet to solve the biggest mystery in the tragic case: How did live rounds get on the set?
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