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'Rust' weapons handler waives pretrial hearing

August 5, 2023

A pretrial hearing would have included witnesses to the incident. Prosecutors recently dropped charges against the film's star Alec Baldwin, who was holding the gun, after they disclosed new evidence.

https://p.dw.com/p/4Unj1
Police tape around the set of "Rust" in New Mexico
Cinematographer Halyna Hutchins was killed by a live round on the set of "Rust"Image: Santa Fe County Sheriff's Office/ZUMA/picture alliance

The weapons handler for the film "Rust" has waived her right to a pretrial hearing on Friday, paving the way for a potential trial over the death of Halyna Hutchins during filming.

Hutchins, a cinematographer, died after being shot by a live round from a gun held by star Alec Baldwin. Director Joel Souza was also wounded.

A preliminary hearing would have provided court testimony from dozens of people, including eyewitnesses to the fatal incident.

"The standard for a preliminary hearing that prosecutors must meet is exceedingly low, as opposed to what they have to prove at trial," the armorer's lawyer said in a statement.

"We will test the state's case through other New Mexico procedures."

No trial date has been set.

'Rust' prosecution ongoing

In January, the weapons handler declined to plead guilty to a charge of felony manslaughter in exchange for no jail time on grounds.

She said she was not given the the same offer as the film's safety coordinator and first assistant director, who reportedly accepted a plea deal for a misdemeanor charge with no prison time.

Prosecutors dismissed charges against Baldwin in April after they disclosed new evidence that the revolver's hammer may have been modified, and that the weapon therefore could have fired without the actor pulling the trigger. Baldwin had said he did not pull the trigger.

The firearm handler's lawyer accused the prosecution of "character assassination." If convicted, she could face up to three years in prison.

She will also have to undergo regular drug testing at her own expense under the terms of her pretrial release approved by a New Mexico judge on Thursday.

zc/msh (AP, Reuters)