SANTA FE, N.M. (AP) — New Mexico prosecutors won’t pursue an appeal of a court’s decision to dismiss an involuntary manslaughter charge against Alec Baldwin in the fatal shooting on a cinematographer on the set of a Western movie, the Santa Fe district attorney’s office announced Monday.
Special Prosecutor Kari Morrissey withdrew the appeal of a July decision at trial to dismiss the charge against Baldwin in the death of cinematographer Halyna Hutchins during a rehearsal on set for the movie “Rust” outside Santa Fe in October 2021.
“Today’s decision to dismiss the appeal is the final vindication of what Alec Baldwin and his attorneys have said from the beginning — this was an unspeakable tragedy but Alec Baldwin committed no crime,” said defense attorneys Luke Nikas and Alex Spiro. “The rule of law remains intact in New Mexico.”
Representatives for the state attorney general could not be be reached immediately.
The decision to drop the appeal solidifies the decision by Judge Mary Marlowe Sommer halfway through trial to dismiss the case on allegations that police and prosecutors withheld evidence from the defense.
Baldwin’s trial was upended by revelations that ammunition was brought into the Santa Fe County 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 say investigators “buried” the evidence in a separate case file and filed a successful motion to dismiss.
The district attorney's office said that under state law the New Mexico attorney general would have carried forward the appeal but "did not intend to exhaustively pursue the appeal on behalf of the prosecution."
“As a result, the State’s efforts to continue to litigate the case in a fair and comprehensive manner have been met with multiple barriers that have compromised its ability to prosecute to the fullest extent of the law,” local prosecutors said.
Baldwin, the lead actor and co-producer for “Rust,” was pointing a gun at Hutchins during a rehearsal on set when the revolver went off, killing Hutchins and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.
In April, a judge sentenced movie weapons supervisor Hannah Gutierrez-Reed to the maximum of one and a half years at a state penitentiary on an involuntary manslaughter conviction in Hutchins’ death.
Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of “Rust,” where it was expressly prohibited, and for failing to follow basic gun safety protocols.
Assistant director and safety coordinator David Halls pleaded no contest to the negligent use of a deadly weapon and was sentenced to six months of unsupervised probation. A no contest plea isn’t an admission of guilt but is treated as such for sentencing purposes.
Several civil lawsuits have been brought against Baldwin and “Rust” producers, including a complaint by Hutchins’ parents and sister.
Prosecutors said Hutchins' death has prompted industry-wide scrutiny of safety protocols, especially the use of firearms and live ammunition on set.
FILE - Actor Alec Baldwin attends his trial for involuntary manslaughter for the 2021 fatal shooting of cinematographer Halyna Hutchins during filming of the Western movie "Rust," July 12, 2024, at Santa Fe County District Court in Santa Fe, N.M. (Ramsay de Give/Pool Photo via AP, File)
Alec Baldwin, left, Hilaria Baldwin attend a gala performance of "All In: Comedy About Love by Simon Rich" at the Hudson Theatre on Monday, Dec. 16, 2024, in New York. (Photo by CJ Rivera/Invision/AP)
KURUKKAL MADAM, Sri Lanka (AP) — Pulled from the mud as an infant after the devastating Indian Ocean tsunami in 2004, and reunited with his parents following an emotional court battle, the boy once known as “Baby 81” is now a 20-year-old dreaming of higher education.
Jayarasa Abilash's story symbolized the families torn apart by one of the worst natural calamities in modern history, but it also offered hope. More than 35,000 people in Sri Lanka were killed, with others missing.
The 2-month-old baby was washed away by the tsunami in eastern Sri Lanka and found some distance from home by rescuers. At the hospital, he was No. 81 on the admissions registry.
His father, Murugupillai Jayarasa, spent three days searching for his scattered family, with little left to his name in those early hours but a pair of shorts.
First he found his mother, then his wife. But their infant son was missing.
A nurse had taken the baby from the hospital, but returned him after hearing that his family was alive.
The ordeal, however, was far from over. Nine other families had submitted their names to the hospital, claiming “Baby 81” as their own, so the hospital administration refused to hand over the child to Jayarasa and his wife without proof.
The family went to the police. The matter went to court. The judge ordered a DNA test, a process that was still in its early stages in Sri Lanka.
But none of the nine other families claimed the baby legally, and no DNA testing was done on them, Jayarasa said.
“The hospital named the child ‘Baby 81’ and listed the names of nine people who claimed the child, omitting us,” he said.
“There was a public call to all those who said the child was theirs to subject themselves for DNA testing, but none of them came forward,” he recalled. Jayarasa said his family gave DNA samples and it was proven the child was theirs.
Soon, the family was reunited. Their story drew international media attention, and they even visited the United States for an interview.
Today, Abilash is sitting for his final high school exam. Solid and good-natured, he hopes to attend a university to study information technology.
He said he grew up hearing about his story from his parents, while classmates teased him by calling him “Baby 81" or “tsunami baby.” He was embarrassed, and it worsened every time the anniversary of the tsunami arrived.
“I used to think ‘Here they have come’ and run inside and hide myself," he said as journalists returned to hear his story again.
His father said the boy was so upset he wouldn’t eat at times.
“I consoled him saying, 'Son, you are unique in being the only one to have such a name in this world," he said.
Later, as a teenager, Abilash read more about the events that tore him from his family and brought him back, and he lost his fear.
He knows the nickname will follow him for life. But that's all right.
“Now I only take it as my code word," he said, joking. “If you want to find me out, access that code word.”
He continues to search online to read about himself.
His father said memories of those frantic, searching days 20 years ago remain fresh, even as others fade.
Over the years, the extensive publicity his family received has also affected them negatively, Jayarasa said.
His family was excluded from many of the tsunami relief and reconstruction programs because government officials assumed they had received money during their visit to the U.S.
The experience also led to jealousy, gossiping and ostracizing of the family in their neighborhood, forcing them to relocate.
The father wants his son and other family members to remain grateful for their survival, and he wants Abilash to become someone who can help others in need.
From time the boy was a toddler, his father collected small amounts of money from his work at a hairdressing shop. When Abilash turned 12, the family erected a small memorial to victims of the tsunami in their front yard. It shows four cupped hands.
The father explained: “A thought arose in my mind that since all those who have died have gone, leaving Abilash behind for us, why not a memorial site of our own to remember them every day."
FILE - Jayarasa Abilash, popularly known as 'Baby 81", naps in the arms of his mother Jenita, as his father, Murugupillai, helps make him comfortable during a photo opportunity in New York, Wednesday, March 2, 2005. (AP Photo/Mary Altaffer, File)
FILE - Jenita Jayarasa, left, the mother claimant of the infant dubbed "Baby 81" holds the child and father claimant Murugupillai Jayarasa, center, shouts as a doctor, center, tries to prevent them from taking the infant, inside a ward at a hospital in Kalmunai, about 210 kilometers (131 miles) east of Colombo, Sri Lanka, Wednesday, Feb. 2, 2005. (AP Photo/Rafiq Maqbool, File)
FILE- A Sri Lankan policeman guards the tsunami survivor infant dubbed "Baby 81" inside a ward as people watch from outside at a hospital in Kalmunai, about 210 kilometers (131 miles) east of Colombo, Sri Lanka, Feb. 3, 2005. (AP Photo/Rafiq Maqbool, File)
Jayarasa Abilash, known as Baby 81 after he was swept away by the 2004 Indian ocean tsunami, smiles as he speaks to Associated Press at his residence in Kurukkalmadam, Sri Lanka, Tuesday, Dec. 17, 2024. (AP Photo/Eranga Jayawardena)
Floral tributes sit at a monument for the victims of 2004 Indian ocean tsunami at the residence of Jayarasa Abilash known as Baby 81 after he was swept away by the 2004 Indian ocean tsunami in Kurukkalmadam, Sri Lanka, Tuesday, Dec. 17, 2024. (AP Photo/Eranga Jayawardena)
Jayarasa Abilash, known as Baby 81 after he was swept away by the 2004 Indian ocean tsunami, goes through his photo album at his residence in Kurukkalmadam, Sri Lanka, Tuesday, Dec. 17, 2024. (AP Photo/Eranga Jayawardena)
People ride past the surroundings of Jayarasa Abilash, known as Baby 81 after he was swept away by the 2004 Indian ocean tsunami, in Kalmunai, Sri Lanka, Tuesday, Dec. 17, 2024. (AP Photo/Eranga Jayawardena)
Jayarasa Abilash, known as Baby 81 after he was swept away by the 2004 Indian ocean tsunami, goes through his photo album at his residence in Kurukkalmadam, Sri Lanka, Tuesday, Dec. 17, 2024. (AP Photo/Eranga Jayawardena)
Jayarasa Abilash, known as Baby 81 after he was swept away by the 2004 Indian ocean tsunami goes through his photo album at his residence in Kurukkalmadam, Sri Lanka, Tuesday, Dec. 17, 2024. (AP Photo/Eranga Jayawardena)
Jayarasa Abilash, left, known as Baby 81 after he was swept away by the 2004 Indian ocean tsunami stands in front of a monument built in memory of tsunami victims out side his residence with his father Murugupillai in Kurukkalmadam, Sri Lanka, Tuesday, Dec. 17, 2024. (AP Photo/Eranga Jayawardena)
Jayarasa Abilash, known as Baby 81 after he was swept away by the 2004 Indian ocean tsunami, stands in front of a monument built in memory of tsunami victims outside his residence with his father Murugupillai in Kurukkalmadam, Sri Lanka, Tuesday, Dec. 17, 2024. (AP Photo/Eranga Jayawardena)
Jayarasa Abilash, right, known as Baby 81 after he was swept away by the 2004 Indian ocean tsunami, shares a light moment with his father Murugupillai at his residence in Kurukkalmadam, Sri Lanka, Tuesday, Dec. 17, 2024. (AP Photo/Eranga Jayawardena)
Jayarasa Abilash, known as Baby 81 after he was swept away by the 2004 Indian ocean tsunami, stands in front of a monument built in memory of tsunami victims outside his residence in Kurukkalmadam, Sri Lanka, Tuesday, Dec. 17, 2024. (AP Photo/Eranga Jayawardena)
