Alec Baldwin has been spotted on the new set of Rust holding a shotgun the wrong way around as he spoke to crew members.
The actor, 65, appeared to be passing the prop weapon to another cast member as filming resumed in Montana following the fatal shooting of Halyna Hutchins in October 2021.
He was seen with Joel Souza, the film’s director, who he shot in the shoulder when he killed Hutchins, 42.
Souza had been expected to testify against Baldwin at his manslaughter trial, scheduled for May, but on Thursday the charges against Baldwin were dropped.
![Alec Baldwin is seen on Friday on the set of his Western film Rust, which resumed filming following the October 2021 death of a camerawoman. Baldwin is seen handing a prop gun to another crew member, holding it by the barrel](https://i.dailymail.co.uk/1s/2023/04/22/06/70115297-12001559-image-m-4_1682140754912.jpg)
Alec Baldwin is seen on Friday on the set of his Western film Rust, which resumed filming following the October 2021 death of a camerawoman. Baldwin is seen handing a prop gun to another crew member, holding it by the barrel
![Baldwin is seen on Friday standing beside a horse as filming resumed for Rust](https://i.dailymail.co.uk/1s/2023/04/22/06/70115533-12001559-image-a-14_1682141669916.jpg)
Baldwin is seen on Friday standing beside a horse as filming resumed for Rust
Baldwin has always insisted that he was not responsible for the death of Hutchins because he did not pull the trigger – he said the gun fired by itself. He also said he trusted those employed to work with guns on the set, and believed the crew member who told him the gun was ‘cold’ – not loaded.
The armorer on the film, Hannah Gutierrez-Reed, will still face trial but Souza has embraced resuming filming with Baldwin.
‘Though bittersweet, I am grateful that a brilliant and dedicated new production team is joining former cast and crew to complete what Halyna and I started,’ he said, when the renewed filming schedule was announced.
‘My every effort on this film will be devoted to honoring Halyna’s legacy and making her proud.’
Souza said the team wanted to complete the film on Hutchins’ behalf.
‘The beauty of Montana surpasses words, and the warm hospitality and kindness extended by everyone I’ve met has been both humbling and inspiring,’ he said.
‘It is a privilege to work alongside such great partners as we see this through on Halyna’s behalf.’
Hutchins’ widower, Matthew, is now an executive producer on the film – a proviso in the legal settlement reached with Baldwin’s production company.
Matthew Hutchins is also a producer on a documentary being made about the filming. On Friday, Baldwin and the crew were seen being tailed by the documentary team.
The film is now being finished in Montana, rather than returning to the original New Mexico location.
![Rust is now being finished in Montana, near the town of Pray - 45 miles south east of Bozeman](https://i.dailymail.co.uk/1s/2023/04/22/06/70115649-12001559-image-a-15_1682141734878.jpg)
Rust is now being finished in Montana, near the town of Pray – 45 miles south east of Bozeman
![The church, which was notable in the New Mexico set, has been recreated in Montana](https://i.dailymail.co.uk/1s/2023/04/22/06/70115705-12001559-image-a-16_1682141837250.jpg)
The church, which was notable in the New Mexico set, has been recreated in Montana
![The hangman's gallows are seen on the Montana set. The film tells the story of a person sentenced to hang. They synopsis states: 'A 13-year-old boy, left to fend for himself and his younger brother following the death of their parents in 1880s Kansas, is taken on a violent, harrowing journey to old Mexico by his long estranged grandfather after he's sentenced to hang for the accidental killing of a local rancher'](https://i.dailymail.co.uk/1s/2023/04/22/06/70115701-12001559-image-a-17_1682141844708.jpg)
The hangman’s gallows are seen on the Montana set. The film tells the story of a person sentenced to hang. They synopsis states: ‘A 13-year-old boy, left to fend for himself and his younger brother following the death of their parents in 1880s Kansas, is taken on a violent, harrowing journey to old Mexico by his long estranged grandfather after he’s sentenced to hang for the accidental killing of a local rancher’
![The large livery stables and saloons are seen, beside the cars and van on Friday](https://i.dailymail.co.uk/1s/2023/04/22/06/70115699-12001559-image-a-18_1682141847895.jpg)
The large livery stables and saloons are seen, beside the cars and van on Friday
Most of the cast and several of the crew members are in Montana to resume filming, with two additional safety officers.
Melina Spadone, attorney for the film, said it is expected to be completed by May.
‘The production will continue to utilize union crew members and will bar any use of working weapons and any form of ammunition,’ she said.
‘Live ammunition is — and always was — prohibited on set.
![Cinematographer Halyna Hutchins was killed on the set of Rust in October 2021](https://i.dailymail.co.uk/1s/2023/04/22/06/67690247-12001559-Cinematographer_Halyna_Hutchins_was_killed_on_the_set_of_Rust_in-a-19_1682142021850.jpg)
Cinematographer Halyna Hutchins was killed on the set of Rust in October 2021
‘Each and every one of us is wholeheartedly dedicated to realizing Halyna’s vision and paying tribute to her artistry.’
Cinematographer Bianca Cline is taking over as director of photography, and said she will donate her salary to charity in honor of Hutchins.
The film is being completed at Yellowstone Film Ranch, which was completed in June 2020.
The site features a western-style backlot in Paradise Valley that is styled after a late-1800s gold rush town, as well as a production office for rent in downtown Livingston.
The synopsis of the film reads: ‘A 13-year-old boy, left to fend for himself and his younger brother following the death of their parents in 1880s Kansas, is taken on a violent, harrowing journey to old Mexico by his long estranged grandfather after he’s sentenced to hang for the accidental killing of a local rancher.’
On Thursday night, it emerged Baldwin could face fresh charges – hours after the manslaughter case was dropped.
The special prosecutors appointed to the case stressed on Thursday night that Baldwin had not been cleared.
Their statement came shortly after Baldwin’s lawyers said their client was ‘pleased’ and the actor posted a tribute to his wife on Instagram, thanking her for her support.
‘This decision does not absolve Mr Baldwin of criminal culpability and charges may be refiled,’ said Kari Morrissey and Jason Lewis.
![Alec Baldwin is seen on Thursday arriving at Bozeman airport in Montana, to resume shooting of his Western film, Rust](https://i.dailymail.co.uk/1s/2023/04/22/05/70074189-11997375-Alec_Baldwin_is_seen_on_Thursday_arriving_at_Bozeman_airport_in_-a-2_1682139055445.jpg)
Alec Baldwin is seen on Thursday arriving at Bozeman airport in Montana, to resume shooting of his Western film, Rust
![Kari Morrissey, special prosecutor in the Rust case](https://i.dailymail.co.uk/1s/2023/04/21/02/70074191-11997375-image-a-34_1682040348614.jpg)
![Jason Lewis](https://i.dailymail.co.uk/1s/2023/04/21/02/70074185-11997375-image-m-33_1682040344299.jpg)
Kari Morrissey (left) and Jason Lewis, special prosecutors in the Rust shooting case, issued a statement on Thursday evening saying they had ‘new facts’, which led them to dismiss the charges against Baldwin – but stressed he had not been cleared
Charges were dropped on Thursday because new evidence showed that the gun could indeed have fired without the trigger being pulled, a source told The Wall Street Journal.
The prosecutors confirmed they had obtained ‘new facts’ about the circumstances around the shooting, which led them to dismiss the existing charges against Baldwin.
The armorer who provided the prop gun, Hannah Gutierrez-Reed, is still being prosecuted as planned.
‘Over the last few days and in preparation for the May 3, 2023, preliminary hearing, new facts were revealed that demand further investigation and forensic analysis in the case against Alexander ‘Alec’ Rae Baldwin, III,’ said Morrissey and Lewis in their statement.
‘Consequently, we cannot proceed under the current time constraints and on the facts and evidence turned over by law enforcement in its existing form.
‘We therefore will be dismissing the involuntary manslaughter charges against Mr Baldwin to conduct further investigation.
‘This decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled.
‘Our follow-up investigation will remain active and on-going. Charges against Hannah Gutierrez-Reed remain unchanged.
‘No further statements will be made at this time.’
![Rust armorer Hannah Gutierrez-Reed was charged alongside Baldwin in Hutchins' death](https://i.dailymail.co.uk/1s/2023/02/10/19/52863543-11737491-Rust_armorer_Hannah_Gutierrez_Reed_filed_a_lawsuit_in_a_Bernalil-a-6_1676058357412.jpg)
Rust armorer Hannah Gutierrez-Reed was charged alongside Baldwin in Hutchins’ death
![Baldwin is seen standing next to Hutchins - a mother-of-one - on the set of Rust in October 2021](https://i.dailymail.co.uk/1s/2023/04/20/20/69972669-11996531-In_October_2021_during_a_rehearsal_a_prop_gun_held_by_Baldwin_fi-m-20_1682019500437.jpg)
Baldwin is seen standing next to Hutchins – a mother-of-one – on the set of Rust in October 2021
![Baldwin speaks on the phone in the parking lot outside the Santa Fe County Sheriff's Office shortly after the fatal shooting](https://i.dailymail.co.uk/1s/2022/10/20/06/63140355-11334931-Alec_Baldwin_speaks_on_the_phone_in_the_parking_lot_outside_the_-a-40_1666242951623.jpg)
Baldwin speaks on the phone in the parking lot outside the Santa Fe County Sheriff’s Office shortly after the fatal shooting
Legal analysts said that the decision to dismiss the charges, but keep the door open to refiling them, was bizarre.
And their statement certainly takes the shine off Baldwin’s celebrations.
Shortly before, his lawyers, Luke Nikas and Alex Spiro, told DailyMail.com: ‘We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident.’
He thanked his 39-year-old wife Hilaria, mother to his seven children, on hearing the news of the charges being dismissed.
‘I owe everything I have to this woman,’ said Baldwin, posting a photo to Instagram.
Baldwin added: ‘(and to you, Luke)’ – a reference to his attorney, Luke Nikas.
![](https://i.dailymail.co.uk/1s/2023/04/20/23/70069471-11996531-image-a-6_1682028181039.jpg)
![It was announced earlier this year that Baldwin would remain in the lead role for Rust and that another cinematographer would replace Hutchins](https://i.dailymail.co.uk/1s/2023/04/20/20/70014445-11996531-It_was_announced_earlier_this_year_that_Baldwin_would_remain_in_-a-17_1682019197872.jpg)
It was announced earlier this year that Baldwin would remain in the lead role for Rust and that another cinematographer would replace Hutchins
![Despite the controversy, on Tuesday a spokesperson for Rust Movie Productions told CNN filming will continue at the Yellowstone Film Ranch in Montana](https://i.dailymail.co.uk/1s/2023/04/20/21/70014419-11996531-Despite_the_controversy_on_Tuesday_a_spokesperson_for_Rust_Movie-a-17_1682021258630.jpg)
Despite the controversy, on Tuesday a spokesperson for Rust Movie Productions told CNN filming will continue at the Yellowstone Film Ranch in Montana
Baldwin’s legal team have been waging a fierce battle on his behalf.
They have insisted that the Oscar-nominated actor was not responsible for the accident because he was told the gun was ‘cold’ – not loaded.
There should never be live ammunition on set, and Baldwin said he trusted the film crew to carry out their professional responsibilities in sourcing prop guns and dummy ammunition.
His lawyers also challenged the impartiality of the Santa Fe prosecutor, Mary Carmack-Altwies.
She was removed from the case in February, after Baldwin’s lawyers successfully pointed out that she could not oversee the case while running for state Senate.
Carmack-Altwies said she was committed to prosecuting Baldwin, arguing that no one – no matter how famous or wealthy – was beyond the law.
She said she was stepping aside for the good of the case.
‘My responsibility to the people of the First Judicial District is greater than any one case, which is why I have chosen to appoint a special prosecutor in the ‘Rust’ case. Kari Morrissey and Jason Lewis will unflinchingly pursue justice in the death of Halyna Hutchins on behalf of the people of First Judicial District,’ she said at the time.