New Mexico Judge Mary Marlow Summer has dismissed the involuntary manslaughter case against Alec Baldwin, who was brought up on charges after he fired a weapon on set of the film Rust which killed cinematographer Halyna Hutchins. Sommers dismissed the case with prejudice, meaning that the case cannot be retried. Baldwin wept in court.

"There is no way for the court to right this wrong," Sommers said. The dismissal came after a new piece of evidence was brought to the court room that had not been previously reviewed. The judge, wearing blue latex gloves, cut open the manilla envelope and examined the ammunition that was inside. That new evidence had not been disclosed by the state and led to Baldwin's attorneys asking for a dismissal.

The ammunition inside the envelope came from Troy Teske, who is a friend of Thell Reed, the step-father of Hannah Gutierrez-Reed, the armorer on the set of the film who is serving 18 months for her role in handling the gun which contained a live round that ended Hutchins' life when Baldwin pulled the trigger. 

Teske apparently had given ammunition to the Santa Fe County Sheriff at the time of the shooting which he said was related to the case. The crime scene technician accepted the ammunition and put it under a different case number than the one associated with Rust. Prosecutor Kari T. Morrissey said that she reviewed a photo of the ammunition handed over by Teske but that it was her determination that it was not relevant and did not look like the ammunition used on set.

"This has no evidentiary value whatsoever," Morrissey said. The crime scene investigator corroborated that the ammunition looked different from that which had been in use on set. Judge Sommer had a different perspective upon seeing the rounds brought by the armorer's step-father'd friend, saying that at least one round looked similar to the ammunition used on set. 

At that, the crime scene investigator said that one round had casing and primer "similar to what was collected on set." Morrissey said that she had not seen the ammunition in person, nor the crime scene technician's report, until Friday morning. Sommers released the jury. Earlier this week, she had also aided Baldwin's case, saying that his status as a producer of the film was not relevant, though he, as a producer, was responsible for setting the safety standards.

"They buried it," Baldwin's attorney Luke Nikas said of the previously unseen ammunition, going on to say that the state "put it under a different case with a different number." The lawyers claimed that this evidence had prevented them of the chance to mount their defense.

Baldwin, 66, is accused of having shot 42-year-old cinematographer Halyna Hutchins on the set of Rust in 2021. Hutchins was behind the camera when Baldwin pointed the gun at the lens and fired. A live round was in the chamber at the time, although previous testimony from the armorer said that there was not live ammunition on the set. Gutierrez-Reed, who handled the gun, was found guilty on charges and is serving 18 months in prison. Baldwin claimed he had not pulled the trigger, even though he had.

In March, Gutierrez-Reed was found guilty of involuntary manslaughter after it was determined that she, 26,  failed to ensure that proper gun safety protocols were taken and that she was responsible for Hutchins' death. Jurors deliberated for less than three hours in that case after prosecutors argued that she "repeatedly" put lives at risk due to negligence and that she had taken live ammunition to the set.

Morrissey said Gutierez-Reed exhibited an "astonishing lack of diligence" with the firearms, and oversaw "constant, never-ending safety failures." Gutierrez-Reed's attorney said she was a "convenient scapegoat."