Rust shooting: Alec Baldwin sues over ‘malicious prosecution’

Alec Baldwin is taking legal action for malicious prosecution in connection with the charges he faced over Halyna Hutchins’ death.

The 66-year-old actor was charged with involuntary manslaughter after a prop gun he was holding discharged and the cinematographer was fatally shot on the set of Rust in October 2021.

Now, six months after his trial collapsed, the former 30 Rock star has made a civil complaint against prosecutors in the case, First Judicial District Attorney officials, Santa Fe County Sheriff’s Office authorities and Santa Fe County Board of County Commissioners for “malicious abuse of process, intentional spoliation of evidence, defamation, and violation of the New Mexico Civil Rights Act”.

According to documents obtained by People magazine, Baldwin’s lawyers alleged those named were “blinded by their desire to convict” him “for all the wrong reasons, and at any cost”.

In his lawsuit, the Boss Baby star maintained that, on the day of the tragedy, he was handed a prop gun and a crew member called out “cold gun” to “assure” him and those nearby that the weapon only had “dummy rounds” installed.

Alec Baldwin listens to testimony during a pretrial hearing at the First Judicial District Courthouse on July 8, 2024. Photo / Getty

But the complaint noted: “The prop fired a live round that killed Hutchins.”

The charges against Baldwin were dismissed last July after his team alleged prosecutors had hidden evidence, and in his lawsuit, he argued “certain defendants” had deliberately concealed evidence and lied while on the stand in order to make him a “scapegoat”.

He wants the defendants to be “held accountable” for their “malicious and unlawful pursuit” against him.

The Beetlejuice actor accused special prosecutor Kari Morrisey of having delivered “inconsistent” testimony on evidence she allegedly concealed, while the lawsuit suggested District Attorney Mary Carmack-Altwies defamed the star when she said during an interview with CNN in 2023 that he “had a duty to make sure the set was safe,” suggesting he was at fault for Hutchins' death.

The documents stated: “The false and defamatory statements carry the unmistakable message that Baldwin committed a serious crime – i.e., that he negligently or recklessly caused the death of another human.”

Baldwin is suing for general and/or compensatory damages – for which the amount would be decided at trial – as well as punitive damages and attorneys’ fees.

His legal team Alex Spiro and Luke Nikas said in a statement: “Criminal prosecutions are supposed to be about the search for truth and justice, not to pursue personal or political gain or harass the innocent.

“Kari Morrissey and the other defendants violated that basic principle, over and over, and trampled on Alec Baldwin’s rights. We bring this action to hold the defendants accountable for their misconduct and to prevent them from doing this to anyone else.”

Morrisey said she would “look forward” to the case going to court.

She said in a statement: “In October 2023 the prosecution team became aware that Mr Baldwin intended to file a retaliatory civil lawsuit. This was three months before the grand jury indicted him. We look forward to our day in court.”