Prosecutors in New Mexico dismissed the involuntary manslaughter charge against the Hollywood star on Thursday, saying they needed more time to investigate.
But a lawyer representing Hutchins’ family said that Baldwin “cannot escape responsibility” for her death.
Hutchins, 42, was killed and director Joel Souza, 49, was wounded in October 2021 when a gun Baldwin was holding on set in the New Mexico desert fired off a live bullet.
Baldwin, 65, has already reached a settlement with her widower and son.
The actor could have faced up to 18 months in prison if convicted.
Hannah Gutierrez-Reed, the film’s armourer, still faces two counts of involuntary manslaughter.
Gloria Allred, the lawyer representing Hutchins’ mother, Olga Solovey, father, Anatolii Androsovych, and sister Svetlana Zemko, said she was intent on “winning” for the family.
“Despite the prosecutor’s decision to dismiss the criminal charge against Alec Baldwin without prejudice, the victims of Alec Baldwin that we represent remain hopeful,” she said in a statement.
Baldwin was photographed on the set of Rust after filming resumed in Montana, almost 18 months after the shooting took place.
The actor was spotted back in costume as his character Harland Rust, wearing a shirt, waistcoat, boots and a neckerchief.
“Mr Baldwin may pretend that he is not responsible for pulling the trigger and ejecting a live bullet which ended Halyna’s life. He can run to Montana and pretend that he is just an actor in a wild west movie but, in real life, he cannot escape from the fact that he had a major role in a tragedy which had real life consequences,” said Mrs Allred.
Joel Souza, the film’s director, called the resumption of filming “bittersweet” and said he would finish the film “on Halyna’s behalf”.
Parts of a documentary about Hutchins’ life will be filmed simultaneously with Rust.