Alec Baldwin has been allowed to skip the preliminary hearing in the “Rust” shooting case, a judge has ruled.
Baldwin was due to appear in court for the two-week preliminary hearing, set to kick off on May 3.
The hearing will determine whether there is enough evidence for the case to proceed to trial following the death of cinematographer Halyna Hutchins on the set of the Western flick, “Rust.”
Hutchins, 42, was fatally shot on the movie set outside Sante Fe, N.M., on Oct. 21, 2021, after Baldwin’s prop gun discharged a live round and struck her in the chest.
The film’s director Joel Souza was also wounded.
Baldwin’s legal team filed a waiver of appearance, which was approved by Judge Mary Marlowe Sommer on Monday.
“I understand that I am charged with the following offense or offenses under the law of the State of New Mexico: Involuntary Manslaughter … in two alternatives,” the filing read.
“I understand that I am entitled to personally appear before the court at every stage of the criminal proceedings.
“After reading and understanding the above, I request that the court permit me to waive a personal appearance in court for the following proceedings: preliminary hearing.”
The “It’s Complicated” actor was initially facing up to five years in prison, but scored a major legal victory when the Santa Fe District Attorney’s Office announced they were dropping the gun enhancement charge against him.
However, the “30 Rock” star still faces a charge of involuntary manslaughter for the shooting, which would carry a lesser sentence of 18 months if convicted.
Before his formal charges, Baldwin denied any responsibility for Hutchins’ death and argued that he didn’t even pull the prop gun’s trigger.
The gun enhancement charge was also dropped against the movie’s armorer, Hannah Gutierrez-Reed.
Alec settled a wrongful death lawsuit with Hutchins’ family last year before filing a negligence suit against four crew members.
His complaint alleged that several crew members failed to maintain safety on set by handing him the loaded gun.
It comes as “Rust” assistant director David Halls was sentenced to six months probation on March 31 for failing to check for live bullets before handing Baldwin the gun.
According to a search warrant, Halls had shouted that the weapon was a “cold gun” — meaning it was safe to use — before he handed it to Baldwin.
Halls pleaded no contest to petty misdemeanor negligent use of a deadly weapon.
As part of the plea, he agreed to take a firearms safety course within 60 days, pay a $500 fine and to not possess or consume alcohol or drugs without a prescription.
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