Alec Baldwin May Still Face Criminal Charges as Prosecutors in ‘Rust’ Shooting Bring Case Before Grand Jury

Officials dismissed an involuntary manslaughter charge against Baldwin in April, but warned he could be charged again in connection with Halyna Hutchins' death

Alec Baldwin could still face charges in connection with the fatal 2021 Rust shooting.

Special prosecutors in New Mexico announced Tuesday they intend to present a Santa Fe grand jury their case against the Rust actor and producer, whom they believe to be responsible for the fatal shooting of cinematographer Halyna Hutchins and injury of director Joel Souza on set.

NBC News was first to report on the development.

The case will be presented within the next two months, according to a press release, which stated:  "The grand jury will determine whether probable cause exists to bind Baldwin over on criminal charges."

If convicted, Baldwin, 65, could face up to 18 months in prison.

“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.

“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.”

Related: Everything to Know About Alec Baldwin's 'Rust' Shooting Charges, and What Happens Next?

Baldwin's attorneys Luke Nikas and Alex Spiro of Quinn Emanuel tell PEOPLE, "It is unfortunate that a terrible tragedy has been turned into this misguided prosecution. We will answer any charges in court."

Morrissey and Lewis dismissed an involuntary manslaughter charge against Baldwin in April, citing “new facts” in the case. But they said at the time they reserved the right to re-charge him.

Baldwin, the star and producer of the Western, was on the New Mexico set of the movie in October 2021 when a prop gun he was holding discharged, killing Hutchins and injuring Souza.

The Boss Baby star has said he did not know the gun mistakenly contained a live bullet, and claimed he did not pull the trigger.

After a lengthy investigation, prosecutors accused the Emmy-winning actor of “extremely reckless acts” when they charged him and movie armorer Hannah Gutierrez-Reed on Jan. 31, 2023. Gutierrez-Reed, who has pled not guilty, is set to stand trial in February.

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According to a statement of probable cause filed in the First Judicial Court in New Mexico, Baldwin didn’t receive required firearms training; failed to ask Gutierrez-Reed to show him that the gun contained no live rounds of ammunition; ignored safety complaints from the crew; and put his finger “on the trigger of a real firearm when a replica or rubber gun should have been used.”

In June, two months after the charges were dropped against Baldwin, Morrissey and Lewis wrote in a court filing that the gun had been sent to an independent expert for further testing.

“The charges against Alec Baldwin were dismissed without prejudice because a possible malfunction of the gun significantly effects causation with regard to Baldwin, not with regard to Gutierrez. If it is determined that the gun did not malfunction, charges against Mr. Baldwin will proceed,” they wrote.

A forensic report obtained by PEOPLE in August concluded that the trigger of the prop gun must have been pulled “sufficiently” enough to cause the accident.

“Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver,” read the firearms report by experts Lucien Haag and Mike Haag, who were hired by the State of New Mexico in its case against Hannah Gutierrez-Reed.

“This fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger,” they continued.

Earlier this year, Baldwin settled a wrongful death suit Hutchins’ widower had filed against the 30 Rock actor.

Filming on Rust halted in the wake of the shooting, but Baldwin and the cast resumed production earlier this year and wrapped the movie in May.

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