Prosecutors said Tuesday they believe Alec Baldwin has “criminal culpability” in the deadly shooting of cinematographer Halyna Hutchins on the New Mexico set of Rust.

The special prosecutors investigating the Rust shooting said they intend to present the case to a grand jury within the next two months to “determine whether probable cause exists to bind Baldwin over on criminal charges.”

The actor was practicing a cross-draw on the Santa Fe set in October 2021 when the gun fired, striking the cinematographer and director Joel Souza, who suffered a non-life-threatening injury.

“After extensive investigation over the past several months, additional facts have come to light that we believe show Mr. Baldwin has criminal culpability in the death of Halyna Hutchins and the shooting of Joel Souza,” special prosecutors Kari Morrissey and Jason Lewis said in a statement.

“We believe the appropriate course of action is to permit a panel of New Mexico citizens to determine from here whether Mr. Baldwin should be held over for criminal trial,” they continued.

Baldwin’s attorneys, Luke Nikas and Alex Spiro said in a statement to ABC News, “It is unfortunate that a terrible tragedy has been turned into this misguided prosecution.”

Baldwin was initially charged with two counts of involuntary manslaughter over the death of Hutchins. Special prosecutors in the case dropped those against the actor in April but noted at the time that their investigation remains “active and ongoing” and that charges may be refiled.

Rust armorer Hannah Gutierrez-Reed was also charged with two counts of involuntary manslaughter. She also faces an additional charge of tampering with evidence, with state prosecutors claiming she handed off a small bag of cocaine following her interview with police on the day of the shooting.

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