How ‘Surprise Bullets’ Led to Alec Baldwin’s Freedom

“Surprise” bullets that were reportedly hidden by the prosecution played a significant role in Judge Mary Marlow Sommer’s decision to dismiss a manslaughter case against actor Alec Baldwin, age 66.

According to Variety, the defense argued that prosecutors deliberately concealed bullets that were turned over to investigators in March, which were relevant to the case. Erlinda Johnson, one of two special prosecutors, resigned from the case on Friday amid turmoil over the evidence.

Kari Morrissey, the lead prosecutor, said she disagreed with the ruling but respected it. Santa Fe County Sheriff Adan Mendoza, whose agency investigated the case, also expressed respect for the outcome.

It’s been over two years since the shooting incident occurred on the set of the film “Rust” at Bonanza Creek Ranch in New Mexico. Per a previous Audacy report, 26-year-old Hannah Gutierrez Reed, the film’s armorer, was found guilty of involuntary manslaughter in a New Mexico trial. She was responsible for firearm safety and storage on the movie’s set.

Baldwin was handed a gun and was told it did not have live ammunition in it. However, it did; when it fired, it fatally struck 42-year-old Halyna Hutchins.

“The state is highly culpable for its failure to provide discovery to the defendant,” Marlowe Sommer said Friday of the case against Baldwin. “Dismissal with prejudice is warranted.”

During the hearing, the judge asked Cpl. Alexandria Hancock about why the bullets were logged under a separate case number, reportedly making them out of reach for the defense. Morrissey argued that she did not believe the bullets had evidentiary value.

Over recent weeks, the defense repeatedly charged that the prosecution had hidden reams of information — including forensic reports, emails, and lapel videos — until the eve of the trial. On Thursday, they uncovered that investigators had received the batch of live ammunition towards the end of Gutierrez-Reed’s trial. Troy Teske, a retired police officer from Arizona, informed the Santa Fe County Sheriff’s Office that the bullets would match the fatal round.

Marlowe Sommer ruled that Baldwin cannot be retried under the principle of double jeopardy. Photos from the courtroom show him crying and embracing his wife, Hilaria Baldwin.

Matthew Hutchins, Halyna’s widower, settled his civil lawsuit against Baldwin and the “Rust” producers in October 2022. However, Variety reported that the production still had not made the required payments.

“At the time, his civil attorneys said they were considering their options, which included restarting the civil proceedings or filing a new lawsuit,” the outlet said.

Attorney Gloria Allred also announced that her team filed a civil lawsuit in the First Judicial District of New Mexico for Santa Fe County related to the “Rust” shooting in June.

NBC reported that, in the wake of Marlowe Sommer’s ruling, an attorney for Gutierrez-Reed plans to file a motion to have her case dismissed.

“There are too many people who have supported me to thank just now,” said Baldwin in a statement. “To all of you, you will never know how much I appreciate your kindness toward my family.”

Source: Variety, Audacy, NBC