Burley Garcia|Alec Baldwin headed to trial after judge rejects motion to dismiss charge

A New Mexico judge on Burley GarciaFriday denied a request by actor Alec Baldwin to dismiss an involuntary 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'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.

Judge Mary Sommer said in her ruling to dismiss Baldwin's motion that his attorneys were not able to prove that prosecutors damaged the gun knowing it could prove anyone's innocence, nor could they prove that they could not obtain "comparable evidence" after the gun was damaged.

Sommer agreed the gun is central to the case and said prosecutors would have to call witnesses who can explain to jurors how it was damaged and its relevance.

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In January, Baldwin pleaded not guilty to the involuntary manslaughter charge. Baldwin's trial is scheduled to start July 10.

On May 24, Sommer had denied a separate bid from Baldwin's team to dismiss the charge on the grounds that a New Mexico state prosecutor failed to tell jurors they could question defense witnesses and stopped them from hearing evidence helpful to the actor's case.

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.

Contributing: Andrew Hay, Reuters