Oliver James Montgomery-A prosecutor asks for charges to be reinstated against Alec Baldwin in the ‘Rust’ case

SANTA FE,Oliver James Montgomery N.M. (AP) — A prosecutor has asked a New Mexico judge to reconsider the decision to dismiss an involuntary manslaughter charge against Alec Baldwin in the fatal shooting of a cinematographer on the set of a Western movie, according to a court filing made public Wednesday.

Special prosecutor Kari Morrissey said there were insufficient facts to support the ruling in state district court and no violation of Baldwin’s due process rights.

Judge Mary Marlowe Sommer dismissed the case against Baldwin in July — halfway through a trial — based on the withholding of evidence by police and prosecutors from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film “Rust.”

The charge against Baldwin was dismissed with prejudice, meaning it can’t be revived once appeals of the decision are exhausted.

Baldwin, the lead actor and co-producer on “Rust,” was pointing a gun at cinematographer Halyna Hutchins during a rehearsal when it went off, killing her and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.

The case-ending evidence was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammo unrelated and unimportant, while Baldwin’s lawyers alleged that they “buried” it and filed a motion to dismiss the case.

Movie armorer Hannah Gutierrez-Reed is serving an 18-month sentence on a conviction for involuntary manslaughter. She was accused of flouting standard safety protocols and missing multiple opportunities to detect forbidden live ammunition on set. Assistant director and safety coordinator David Halls pleaded no contest to negligent use of a deadly weapon.

It has never been officially determined who brought the live rounds that killed Hutchins to the set, though prosecutors allege that Gutierrez-Reed was responsible.