A New Mexico judge on Friday (Jun 28) 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.

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