A judge in New Mexico has refused to reconsider the charges against Alec Baldwin. fatal shooting on set “Rust” in October 2021.

“Since the State’s Amended Motion raises allegations that have previously been made and allegations that the State has previously chosen not to assert, the Court does not find the Amended Motion to be well received,” the decision said.

The court rejected the state’s motion to reinstate involuntary manslaughter charges filed in July after it was learned during the trial that prosecutors withheld evidence from the defense, namely ammunition brought to the Santa Fe County Sheriff’s Office.

Baldwin’s attorneys claimed that live ammunition seized by local law enforcement in connection with the investigation was “concealed” from them.

Trial judge Mary Marlowe Sommer said the state’s discovery violation regarding the late release of the supplemental report on the ordnance evidence “caused unnecessary delay in the trial,” bordered on “bad faith” and was “extremely prejudicial to the defendant.” “

Marlowe Summer also issued a new decision Friday stating that the charges against Baldwin will not be reconsidered.

“The State does not advance any factual or legal arguments that would justify granting the motion for reconsideration,” he wrote in his opinion.

Cinematographer Halyna Hutchins was shot and killed by Baldwin on October 21, 2021, while practicing with a Colt .45 pistol. The prop gun, which Baldwin believed contained dummy bullets, actually contained live bullets. Director Joel Souza was also shot in the shooting but survived his injuries.

“Rust” armorer Hannah Gutierrez convicted of manslaughter in connection with Hutchins’ death in March. Prosecutors argued during the trial that he was the source of the live ammunition and that he did not comply with safety protocols intended to protect crew members when handling firearms.

Gutierrez is currently serving an 18-month prison sentence, the maximum sentence for the crime.

Marlowe Somer last month rejected a motion Gutierrez’s attorneys argued that he was entitled to a new trial or dismissal of the case due to “gross prosecutorial misconduct” and “serious and ongoing discovery violations by the State” regarding the same evidence that led to the dismissal of Baldwin’s case. Marlowe Summer also rejected a separate defense request for immediate release from custody.

The judge ruled that the issues raised by the defense did not justify a new trial or dismissal and that the state did not suppress ammunition evidence in the Gutierrez case, which was at the center of Baldwin’s dismissal.