Alec Baldwin asked to be assigned the "biggest gun available" prior to filming "Rust" in 2021, according to new documents obtained by Fox News Digital.
Special prosecutors Kari T. Morrisey and Erlinda O. Johnson introduced evidence into New Mexico courts this week, claiming Baldwin not only "displayed erratic and aggressive behavior" during the filming of "Rust," but also "displayed reckless behavior" as it pertained to the use of a firearm.
Baldwin's legal team fired back with their own motion for relief for prosecutorial misconduct, accusing state prosecutors of both disclosing "thousands of files" over a 10-week period, and also withholding documents that they believe warrant an order of "dismissing the indictment with prejudice."
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Last month, Judge Mary Marlowe Sommer rejected both of Baldwin's arguments regarding the grand jury process, and denied his previous motion to dismiss the indictment.
State prosecutors claimed Baldwin "discharged the revolver after the filming was over and ‘cut’ was called," which violated rules governing safe handling of firearms on set. They also claimed Baldwin "shot several scenes wherein he placed his finger on the trigger of the revolver where the scene did not require any shooting of the firearm," and "rushed the armorer to reload and crew members to work at a faster pace."
Baldwin allegedly was "inattentive during the firearms training conducted by Ms. Guiterrez and was distracted by texting/face timing family members and making videos for his family's enjoyment," and also "engaged in horseplay with the revolver while making videos during his firearms training while using pull load blanks."
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Hannah Gutierrez was convicted of involuntary manslaughter in March after a jury found that the "Rust" armorer was responsible for the gun that discharged a live bullet on the Western film set. Gutierrez Reed was also found not guilty of evidence tampering, a charge she received in 2023 after investigators accused her of passing off a bag of cocaine on the day of the fatal set shooting.
Morrisey and Johnson also claimed Baldwin "displayed erratic and aggressive behavior during the filming of Rust that created potential safety concerns" and "displayed reckless behavior as it related to the use of a firearm, such as pointing it and firing a blank round at a crew member while using that crew member as a line of site as his perceived target."
Prosecutors indicated they may use photographs showing Baldwin manipulating his weapon minutes before the fatal shooting of cinematographer Halyna Hutchins. "He appears to have his finger inside the trigger guard and his thumb on the hammer," documents stated. "Upon information and belief, Ms. Gutierrez was not present to supervise his handling of the gun."
In a video captured prior to lunch on the day of the fatal shooting, Baldwin "cocks the gun despite not being asked to cock the gun. There is some evidence that he also pulls the trigger of the gun." Another on-set video showed Baldwin "exercising complete control over the crew and screaming at the crew to be quiet."
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Baldwin's team argued that the state has a "pattern of withholding information from Baldwin," which began at the outset of its investigation."
"The state's approach — hide the ball at all costs — continues nearly three years later," documents stated. "In the past 10 weeks alone, the state has disclosed thousands of files, including over 150,000 pages of documents and dozens of gigabytes worth of data."
They added, "Many of them contain critical evidence that is favorable to Baldwin's defense that fundamentally reshapes the way Baldwin would have prepared for trial such as emails from one of the state's experts that contradicted his grand jury testimony and the state's theory about the firearm."
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Baldwin was indicted on two counts — involuntary manslaughter, negligent use of a firearm, or, in the alternative, involuntary manslaughter without due caution or circumspection — on Jan. 19. Cinematographer Halyna Hutchins died Oct. 21, 2021 after a gun Baldwin was holding discharged on the Western film set.
The Emmy Award-winning actor skipped out on the May 17 hearing after waiving all of his pre-trial appearances. He's expected in court next month to begin a nearly two-week trial, and could face up to 18 months in prison if convicted.
Earlier this month, Baldwin announced his own brood was diving into the reality realm with their own TLC show premiering in 2025.
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Tentatively called "The Baldwins," the show will feature "the ups and downs, the good, the bad, the wild and the crazy" of life at home with seven children under the age of 10, Alec said in a video shared on Instagram.
Alec and Hilaria will celebrate their 12th wedding anniversary at the end of the month. The couple lives in Manhattan and listed their Hamptons estate for $18 million earlier this year after he was indicted on involuntary manslaughter charges.
Property records showed Baldwin purchased the mansion in 1996 for $1.75 million. He's attempted to unload the property multiple times over the last two years and initially listed the home for $29 million, lowering it to $25 million before settling below $20 million.
In addition to his seven children with wife Hilaria, Baldwin also has daughter Ireland with ex-wife Kim Basinger. Alec became a first-time grandfather last year when Ireland gave birth to a baby girl.
