ACTOR Alec Baldwin is to face an involuntary manslaughter charge after shooting a cinematographer on the set of western Rust, a judge ruled.
His lawyers wanted it dismissed as they could not test the gun involved, claiming as it was damaged by the FBI after Halyna Hutchins’ death in New Mexico in 2021
The judge rejected their plea but said prosecutors would have to call witnesses to explain to jurors how the gun was damaged and the relevance.
Rust armourer Hannah Gutierrez, who mistakenly loaded a live round into the gun, is serving 18 months for involuntary manslaughter.
The Colt .45 used in the shooting was sent for more forensic testing last summer by special prosecutors, Kari Morrissey and Jason Lewis.
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The gun was reconstructed by experts Lucien and Michael Haag after it broke during FBI testing.
It was concluded that the Colt. 45 could have only been fired by the pull of the trigger.
Baldwin, 66, who is the main star in Rust and also served as the film's producer - has said several times that he wasn't responsible for Hutchins' death.
He said he was told the gun didn't have any live rounds and that there wasn't supposed to be any live ammunition on the set.
Baldwin who had an initial charge against him dropped, is due for trial next month.