Alec Baldwin could once again face manslaughter charges, after a forensic report released Tuesday found that his Colt .45 revolver would only fire if the trigger was pulled.
Baldwin was initially charged with involuntary manslaughter in the October 2021 death of cinematographer Halyna Hutchins. But the charge was dropped after the defense noted that the gun had been modified, which raised doubts about whether it was working properly at the time of the shooting. Variety
However, the dropping was a “without prejudice” filing, which means charges could be refiled, and in a statement released later in the day, the prosecutors made that clear:
Over the last few days and in preparation for the May 3, 2023, preliminary hearing, new facts were revealed that demand further investigation and forensic analysis in the case against Alexander “Alec” Rae Baldwin, III. Consequently, we cannot proceed under the current time constraints and on the facts and evidence turned over by law enforcement in its existing form. We therefore will be dismissing the involuntary manslaughter charges against Mr. Baldwin to conduct further investigation. This decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled. Our follow-up investigation will remain active and on-going.
The final sentence said: “This decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled. Our follow-up investigation will remain active and on-going.” Breitbart
The special prosecutors on the case, Kari Morrissey and Jason Lewis, commissioned a new forensic examination of the gun and have been waiting on the results before deciding whether to refile the charges. The report, by Lucien and Michael Haag, has now been submitted. The new gun analysis report, dated Aug. 2, found that the gun had not been modified.
analyzed the Colt .45 prop revolver, cartridges and footage from filming.
The experts had replaced parts of the gun that were broken during FBI analysis and said the gun fired as designed.
“Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver,” Lucien Haag wrote.
“From an examination of the fired cartridge case and the operationally restored evidence revolver, this fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger,” he wrote.
The report included frames from videos on the set. One frame showed him “cocking the silver-colored hammer of a long barreled revolver with his right index finger ending up on or near the trigger,” Haag wrote.
Two other frames showed Baldwin’s right index finger “inside the trigger guard and either on, or near the trigger,” Haag wrote.
In December 2021, Baldwin sat down for a lengthy interview with ABC News. Here’s how he explained what happened to George Stephanopoulos…
“[Hutchins is] guiding me through how she wants me to hold the gun for this angle,” Baldwin said. “I’m holding the gun where she told me to hold it, which ended up being aimed right below her armpit. So, I take the gun, and I start to cock the gun. I’m not going to pull the trigger,” he added. “And I cock the gun; I go, ‘Can you see that? Can you see that? Can you see that?’ And then I let go of the gun’s hammer, and the gun goes off.”
I let go of the gun’s hammer, and the gun goes off.
It went on:
Stephanopoulos asks, “So you never pulled the trigger?”
“No, no, no, no, no,” Baldwin replied. “I would never point a gun at anyone and pull a trigger at them. Never. Never. That was the training that I had.”