Judge denies Alec Baldwin's motion to dismiss manslaughter charge

New Mexico judge denies Alec Baldwin's request to dismiss manslaughter charge in fatal "Rust" shooting trial.

A New Mexico judge on Friday denied a request by actor Alec Baldwin to dismiss a manslaughter charge he faces for the 2021 fatal shooting of a cinematographer on the film set of the movie "Rust."

In her ruling, the judge rejected arguments by Baldwin's lawyers in a hearing June 21 and Monday that the charge should be dismissed because the gun that fired the round that killed cinematographer Halyna Hutchins was damaged during testing by the FBI following her death, preventing his lawyers from conducting their own testing.

Baldwin is scheduled for a July trial.

Hutchins was shot with a live round after Baldwin pointed a gun at her as she set up a camera on a film set near Santa Fe, New Mexico.

The "30 Rock" star has denied responsibility for Hutchins' death, saying the gun went off on its own after he pointed it at the cinematographer and cocked it. He denies pulling the trigger, an assertion that has become central to the case.

"Rust" armorer Hannah Gutierrez, who mistakenly loaded a live round into the revolver involved in the shooting, was found guilty of involuntary manslaughter and was sentenced in April to 18 months in prison, the same term Baldwin will face if found guilty.

Baldwin's legal team said prosecutors had built their case around the unproven hypothesis the gun was properly functioning and could not have gone off unless Baldwin pulled the trigger. Baldwin's lawyers argued the gun was modified, allowing it to fire without a trigger pull.