Alec Baldwin could face new criminal charges as 'Rust' shooting heads back to grand jury: prosecutors

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Alec Baldwin could be charged again in fatal 'Rust' shooting

Steve Wolf, a weapons safety expert in the film industry, joins "The Story with Martha MacCallum" to dissect a new report that allegedly refutes Baldwin's claim about a gun on the "Rust" movie set.

Alec Baldwin could face new criminal charges in the fatal 2021 "Rust" movie set shooting, New Mexico prosecutors confirmed to Fox News Digital.

"After extensive investigation over the past several months, additional facts have come to light that we believe show Mr. Baldwin has criminal culpability in the death of Halyna Hutchins and the shooting of Joel Souza," said special prosecutors Kari Morrissey and Jason Lewis in a statement.

They added, "We believe the appropriate course of action is to permit a panel of New Mexico citizens to determine from here whether Mr. Baldwin should be held over for criminal trial."

Baldwin's lawyers, Luke Nikas and Alex Spiro of Quinn Emanuel, responded to the claims in a statement provided to Fox News Digital: "It is unfortunate that a terrible tragedy has been turned into this misguided prosecution. We will answer any charges in court."

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Alec Baldwin's initial involuntary manslaughter charge was dropped in April. (Santa Fe County Sheriffs Department)

Morrissey and Lewis intend to present their case to a grand jury in the next two months.

The grand jury will then determine whether probable cause exists to bind Baldwin on criminal charges.

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Baldwin was initially charged with involuntary manslaughter in January, more than one year after cinematographer Halyna Hutchins was killed on the set of the Western film in which Baldwin starred and produced.

The criminal charges were dismissed in April after special prosecutors cited that further investigation and forensic analysis required would not be completed before the start of a preliminary hearing scheduled for May.

This view from Bonanza Creek Ranch in New Mexico shows the church where actor Alec Baldwin fired a prop gun. (Associated Press)

Hutchins was killed on the New Mexico set of the Western film, and director Joel Souza was wounded by a bullet from a weapon Baldwin was holding while rehearsing a scene in a church on Oct. 21, 2021. Baldwin has denied he pulled the trigger of the gun that killed Hutchins.

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Baldwin's production company was recently ordered by a judge to turn over documents for prosecutors to investigate whether he attempted to cut corners on safety measures to turn a bigger profit.

The state requested the documents after "Rust" armorer Hannah Gutierrez-Reed's legal team noted that she believes additional safety training was denied due to financial motives.

Halyna Hutchins was fatally shot in October 2021 on the set of "Rust." (Fred Hayes)

Rust Movie Productions argued that the subpoena for documents filed by special prosecutors was an "obvious phishing expedition" in order to refile charges against Baldwin. They claimed the documents they were asked to provide were "privileged and protected materials."

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However, the judge sided with the state and ordered Rust Movie Productions to turn over unredacted documents to special prosecutors by Oct. 20, according to the ruling filed and obtained by Fox News Digital.

Gutierrez-Reed's lawyer, Jason Bowles, accused Rust Movie Productions of "hiding" information in a statement he shared with Fox News Digital.

"Rust Production needs to stop trying to hide the ball, and to be transparent and forthcoming with relevant information," he wrote. "It begs the question, why are they trying to hide information?"

Hannah Gutierrez-Reed appears in court as she faces charges of evidence tampering and involuntary manslaughter. (New Mexico Administrative Office of the Courts)

Gutierrez-Reed entered a not-guilty plea in August to involuntary manslaughter and tampering with evidence charges.

New hearing dates were filed Tuesday for the end of February through March for Gutierrez-Reed's criminal proceedings. In addition, the state filed a notice of completion of briefing in taking the pre-trial interview of David Halls, "Rust" assistant director.

Baldwin still faces a handful of civil lawsuits, including one brought by "Rust" script supervisor Mamie Mitchell and another by Hutchins' mother, father and sister. The plaintiffs are represented by attorney Gloria Allred.

Amid the legal drama, Baldwin, the cast and crew finished filming "Rust" in May.

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Fox News Digital's Lauryn Overhultz contributed to this report.