In April, special prosecutors in State of New Mexico vs. Alexander Rae Baldwin dismissed involuntary manslaughter charges against the Rust actor. According to the most recent filing, they dismissed the case to allow for further investigation and analysis of new facts.
Baldwin could still face future legal consequences if recharged and convicted.
In this article, our criminal defense lawyer, Marc A. Grano, addresses emerging legal issues surrounding Alec Baldwin’s involuntary manslaughter charges, including a case background, dismissal implications, and possible future consequences.
Case Background
The New Mexico First Judicial District Attorney in Santa Fe criminally charged actor Alec Baldwin(Case No. D-0101-CR-202300039) with one count of involuntary manslaughter, a fourth-degree felony under NMSA § 30-2-3, stemming from an on-set incident in Bonanza City on January 31, 2023. The original charge alleged that Baldwin discharged a loaded prop firearm with a live round, killing cinematographer Halyna Hutchins and injuring director Joel Souza.
If convicted, Baldwin could face up to 18 months in prison.
State and federal officials investigating the deaths, injuries, and crime scene include the Federal Bureau of Investigations, New Mexico First Judicial District Attorney, New Mexico Occupational Health and Safety Bureau, and Santa Fe County Sheriff’s Office. Despite the case being dismissed, the most recent filing states that the investigation against Baldwin is “active and ongoing.” Judge Mary Marlowe Sommer is presiding over the matter.
Official case-related court documents for public viewing can be found on the court’s website. The actor pled “not guilty” to the charge and maintains his innocence.
Baldwin was not the only defendant charged with the victims’ deaths and injuries. In the most recent Third Amended Criminal information, Armorer Hannah Gutierrez (Case No. D-101-CR-2023-00040) faces one count of involuntary manslaughter and one count of Tampering With Evidence. First assistant director David Halls (Case No. D-101-CR-2023-00041) pled “no contest” to Negligent Use of a Deadly Weapon (Unsafe Handling) under NMSA § 30-7-4, a petty misdemeanor, on March 31, 2023, and received six months of unsupervised probation, a $500 fine, community service, no controlled substances or alcohol, and firearm safety school. Mr. Hall also agreed to testify truthfully at all hearings, trials, or settings involving any and all Defendants and co-Defendants in the criminal matter.
Special prosecutors assigned to the case have dismissed charges against the actor while still leaving a window of opportunity to prosecute him in the future. According to an April 2023 NPR news report, Baldwin will continue filming Rust at its new location in Montana.
What the Dismissal Could Mean for Baldwin
A dismissal does not mean that Alec Baldwin is innocent, nor does it mean that he is guilty. In his case, Special Prosecutors filed a unique type of dismissal called a nolle prosequi (pronounced no-lee pross-ek-why) on April 21, 2023, which included language that could lead to several possible outcomes for the actor.
Our legal team reviewed the filing and wants to make four points to help you understand what the dismissal could mean. For further interest, you can also download a copy of the special prosecutor’s State v. Baldwin nolle pros filing via the court’s website.
Point #1. Prosecutors Filed a Nolle Prosequi Pleading
Nolle prosequi, also called a nolle pros (pronounced no-lee pross), is a Latin legal term meaning “will no longer prosecute.” A prosecutor can file a nolle pros instead of a motion to dismiss, as demonstrated in the case against Baldwin.
Yes, either document could dismiss criminal charges against him. However, the primary difference is that the nolle pros works as if charges were never filed in the first place and done so voluntarily by the state. By contrast, a motion to dismiss asks the court to end the case formally, awaits a Judge’s signature on a final court order, and still upholds that charges were previously filed against the defendant.
Another key difference is that a nolle pros protects defendants from double jeopardy under the Fifth Amendment of the US Constitution while still allowing the state to pursue charges in the future. Double jeopardy is a legal concept prohibiting governments from trying a person for the same crime twice.
As such, special prosecutors will have to refile their involuntary manslaughter charges against Alec Baldwin after they complete their investigation. They will not need Court approval to prosecute Mr. Baldwin if they decide to do so.
As it stands, the actor is still innocent until otherwise proven guilty.
Point #2. Specifically Provided Facts Signal a Need for More Time
The state also provided a concrete reason for filing the nolle pros dismissal. In its pleading, the state filed the dismissal since:
“New facts were revealed that demand further investigation and forensic analysis which cannot be completed before the May 3, 2023, preliminary hearing.”
In summary, they are providing notice of the reason for the dismissal because newly discovered evidence warrants additional analysis but could not happen before the previously scheduled preliminary hearing.
Point #3. Dismissing a Case Without Prejudice Leaves a Window of Opportunity
Courts will dismiss a case with or without prejudice. A case dismissed with prejudice means that the case is officially over and cannot be refiled or prosecuted. In contrast, a case dismissed without prejudice, as in Baldwin’s charges, is not dismissed forever, allowing prosecutors to refile any charges if they believe it is warranted by the evidence.
Given their reason, as highlighted in “Point 2,” prosecutors may intend to pursue Baldwin later based on the further additional investigation. However, their new findings may not yield the smoking gun, and they will have to decide to proceed based on previously existing evidence.
Point #4. The Dismissal Concludes in Definitive Terms
In plain English, special prosecutors write:
“The investigation is active and ongoing.
This sentence is short, sweet, and to the point. Prosecutors plan to continue their investigation into the matter actively. What will happen in the future in his case is still unknown. However, our legal team will monitor this case and report on new developments as they arise.
Baldwin Could Still Face Legal Consequences
Alec Baldwin can still face legal consequences if convicted of committing involuntary manslaughter. However, prosecutors must first conclude their additional investigation and then make a charging decision based on the results of that additional investigation.
State laws classify the crime as a Fourth-Degree felony per NMSA § 30-2-3, carrying a Basic Sentence of prison under NMSA § 31-18-15.
An involuntary manslaughter conviction against the actor could result in criminal penalties, including:
- Up to 18 months imprisonment
- A one-year parole period
- Up to $5,000 in fines
- Reputational damage
- Firearms’ rights loss
- A felony criminal record
Manslaughter is a classification of crimes where the defendant is accused of unlawfully ending someone’s life without the intent to cause harm. Voluntary manslaughter is a “heat of the moment” crime, while involuntary manslaughter accounts for many criminal negligence cases. Essentially, the state accuses Baldwin of negligently ending someone else’s life without malicious intent.
About the Author
Marc A. Grano is the founder and criminal defense lawyer of Grano Law Offices, P.C., located in Las Vegas, NM. He has defended clients against criminal charges in northern and central New Mexico for over 20 years, including involuntary manslaughter crimes.
If you or a loved one face criminal charges, get no-cost legal advice with Marc during a Free Case Strategy Session by calling (505) 426-8711 or sending him a private message.
