Alec Baldwin's second attempt to have the involuntary manslaughter charge dismissed in the fatal shooting on the set of "Rust" was denied by a New Mexico judge on Friday.
The judge ruled that a jury will determine the actor's fate in the upcoming trial, set for early July.
Baldwin's defense argued that the case lacks merit, as everyone on the set was led to believe the guns contained dummy bullets.
However, Judge Mary Marlowe Sommer countered this argument, stating that involuntary manslaughter focuses on whether the defendant should have known of the danger.
Prosecutors claim Baldwin, who was both the lead actor and a producer on "Rust," was reckless in not checking the gun himself before it was fired.
They cite two actors who fired dry rounds into the ground for safety as a point of comparison.
The defense also highlighted an expert report showing "unexplained tool marks" on the gun, suggesting it was prone to malfunction. However, the expert still maintains that the trigger was pulled.
The judge also denied a motion to immunize the armorer, who was convicted of involuntary manslaughter, from testifying at Baldwin's trial.
Another motion regarding the destruction of the gun used in the shooting remains undecided, with further hearings scheduled.
The defense further accused prosecutors of withholding evidence, claiming their focus on Baldwin's conviction has led to a disregard for ethical obligations and transparency.
Despite these attempts, Alec Baldwin will face trial for involuntary manslaughter in Santa Fe on July 10.
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