New Mexico
Alec Baldwin sues for malicious prosecution after judge dismissed case of fatal ‘Rust’ set shooting
SANTA FE, N.M. (AP) — Actor Alec Baldwin has filed a civil lawsuit for malicious prosecution and civil rights violations in the fatal shooting of a cinematographer on the set of the Western movie “Rust.”
The lawsuit was filed Thursday at state district court in Santa Fe, where a judge in July dismissed a charge of involuntary manslaughter against Baldwin in the death of cinematographer Halyna Hutchins.
Baldwin also alleges defamation in the suit, saying that prosecutors and investigators intentionally mishandled evidence as they pursued the case.
Defendants named in the lawsuit include special prosecutor Kari Morrissey and Santa Fe District Attorney Mary Carmack-Altwies, along with three investigators from the Santa Fe County sheriff’s office and the county board of commissioners.
“Defendants sought at every turn to scapegoat Baldwin for the acts and omissions of others, regardless of the evidence or the law,” the lawsuit states. It also says prosecutors and investigators targeted Baldwin for professional or political gain.
Hutchins died shortly after being wounded during a rehearsal for the movie “Rust” in October 2021 at a film-set ranch on the outskirts of Santa Fe, New Mexico.
Baldwin, the lead actor and co-producer, was pointing a pistol at Hutchins when it discharged, killing Hutchins and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.
Baldwin’s trial was upended by revelations that ammunition was brought into the Santa Fe County sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammo unrelated and unimportant, while Baldwin’s lawyers say investigators “buried” the evidence in a separate case folder and filed a successful motion to dismiss.
Morrissey said she learned more than a year ago that Baldwin was considering a lawsuit.
“In October 2023 the prosecution team became aware that Mr. Baldwin intended to file a retaliatory civil lawsuit,” she told The Associated Press in a text message Thursday. “We look forward to our day in court.”
Carmack-Altwies and the Santa Fe sheriff’s office did not immediately respond to requests for comment. Baldwin’s lawsuit argues that prosecutors should not be afforded immunity in their official roles.
The state attorney general declined to pursue and appeal the dismissal on behalf of prosecutors, closing out the case in December.
Separately, the shooting led to an involuntary manslaughter conviction at trial last year against movie weapons supervisor Hannah Gutierrez-Reed. She is serving out a maximum sentence of 1 1/2 years at a state penitentiary.
The tort claim by Baldwin also takes aim at a special prosecutor who initially oversaw the investigation, while seeking unspecified punitive damages, compensatory damages, attorneys’ fees and interest.
It adds to a thicket of post-trial litigation, even as Baldwin has returned to comic appearances on “Saturday Night Live” with plans in the works for a family reality TV show with wife Hilaria and seven children.
The parents and younger sister of Hutchins have sued Baldwin and other producers of “Rust” in New Mexico state court. A settlement has been reached in a lawsuit by Hutchins widower and son.
New Hampshire
High court upholds judge’s ruling on ‘Keep New England White’ banners
CONCORD, N.H. (AP) — New Hampshire’s highest court on Friday upheld a judge’s dismissal of civil rights complaints against a white nationalist group that prosecutors say trespassed when it displayed without a permit “Keep New England White” banners from an overpass in 2022.
The New Hampshire Supreme Court, in its first look at the state Civil Rights Act, agreed with the lower court judge that state prosecutors’ interpretation of the law was unconstitutionally overbroad.
The court said the state’s interpretation of the law imposes government sanctions on people who unintentionally trespass on public property and whose presence is motivated by one the characteristics mentioned in the law. Those characteristics include race color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability.
“Such a broad sweep discourages the expression of certain messages for fear of government sanctions under the Act based on the content of the messages expressed,” the court wrote in its opinion.
The court also said It was “not persuaded” that the complaints “sufficiently allege” that group members knowingly trespassed.
The attorney general’s office said it was disappointed by the court’s decision, but respects it, spokesperson Michael Garrity said in a statement.
“Our office remains steadfast in enforcing the Civil Rights Act to ensure all Granite Staters are free from discrimination, violence, and hate-motivated threats. We will continue to explore all options to protect the rights and safety of our communities,” the statement said.
William Gens, a lawyer representing the group, said its members were “very pleased with the decision, and it was based on grounds that we raised all along.” He said the attorney general’s interpretation “didn’t give adequate notice to the public as to what conduct, including the speech portion of the conduct, was a violation of the statute.”
The complaints alleged that the Nationalist Social Club, also known as NSC-131, and two of its members trespassed upon public property and were motivated by race in hanging the banners from the overpass overlooking U.S. Route 1 in Portsmouth. About 10 people took part, the complaints said. The complaints asked a judge to enter an order prohibiting the group and its members from engaging in threatening physical force or violence and discriminatory behavior for three years.
NSC-131 has been identified by the Anti-Defamation League as a New England-based neo-Nazi group founded in 2019 that “espouses racism, antisemitism and intolerance” and whose “membership is a collection of neo-Nazis and racist skinheads, many of whom have previous membership in other white supremacist groups.”
A second complaint filed against the group by the attorney general’s office is pending. It accuses the group of violations in response to a demonstration outside a Concord café hosting a drag story hour event.
New York
Man who fatally stabbed attacker on NYC subway won’t be charged, prosecutor says
NEW YORK (AP) — A man who was attacked on a New York City subway and fatally stabbed one of his assailants will not be criminally charged, a prosecutor said as four men were indicted on assault and robbery charges.
The 69-year-old man was sleeping on a train in Queens early on the morning of Dec. 22 when a group of men tried to steal his bags, prosecutors said. The resulting struggle captured on video shows the unidentified 69-year-old surrounded by several men and being punched and kicked at the end of a subway car.
The man stabbed two of the attackers, Stalin Moya and Philipe Pena. Moya, 37, died from his injuries. The man who was attacked was taken to a hospital with abrasions, lacerations, contusions and bleeding to his head and face, prosecutors said.
“The victim was accosted, without provocation, and our investigation has shown that he defended himself while attempting to retrieve his property,” Queens District Attorney Melinda Katz said in a statement on Wednesday. “As a result, my office will not be filing charges for the fatality.”
Katz’s announcement follows a spate of high-profile subway attacks that have unnerved riders.
A man has been accused of burning a sleeping woman to death in Brooklyn that same morning. Also in recent weeks, a man was shoved onto subway tracks ahead of an incoming train on New Year’s Eve and a man slashed two people with a knife in Manhattan’s Grand Central subway station.
Authorities said all the men involved in the Queens altercation were homeless, including the 69-year-old.
Four men were indicted by a grand jury on robbery and assault charges: Pena, 26, Henry Toapanta, 32, Oswaldo Walter, 29, and Jose Valencia, 35. Pena and Walter were also charged with attempted gang assault.
Walter’s attorney, David Bart, said he was waiting to see all the evidence in the case, but it appeared to him that prosecutors were “overpursuing” the case against his client.
Mississippi
Charges against men accused of shooting at Black FedEx driver dismissed
A Lincoln County judge on Monday dismissed all charges against two white men who prosecutors accused of shooting at D’Monterrio Gibson, a Black FedEx driver, while he was making deliveries in Brookhaven, Mississippi, in January 2022.
The dismissed charges against Gregory Case and his son Brandon Case included attempted murder, conspiracy and shooting into a motor vehicle.
Though he was not injured during his encounter with the Cases, D’Monterrio Gibson shared photos with the Mississippi Free Press in February 2022 showing bullet holes in his van. Authorities indicted the men in November 2022.
Mississippi Circuit Court Judge David Strong declared a mistrial on Aug. 17, 2023, citing the fact that Brookhaven Police Department Detective Vincent Fernando withheld a recorded interview he conducted with Gibson at the police station after the incident. The judge said he improperly testified about finding guns in the home of one of the defendants and shell casings outside.
The Cases’ attorneys, Terrell Stubbs and Dan Kitchens, entered a motion to dismiss the case on Sept. 16, 2024, alleging that Brookhaven Police Department Detective Vincent Fernando violated multiple laws when giving testimony.
In a Sept. 30, 2024, hearing for the dismissal motion, Judge David Strong asked the prosecution and defense to submit a brief for the court to rule on the motion.
In October 2024, the Lincoln County District Attorney’s Office set a retrial date for Jan. 6, 2025.
Strong’s Jan. 6 dismissal order said the defendants alleged that the Cases were intentionally denied evidence, exposed to double jeopardy, denied due process and did not get their right to a speedy trial because of Fernando’s errors. The judge dismissed the case with prejudice, meaning the case cannot be retried in that court again but the Lincoln County District Attorney could still appeal it to a higher court.
“Having conducted a hearing and having reviewed the field and all pleadings, the court finds that the investigator in the case intentionally withheld evidence from the defense, even the District Attorney, on numerous occasions, resulting in egregious discovery violations by the state,” Strong’s order says. “These repeated intentional errors are a clear violation of the Rules of Criminal Procedure, as well as well-established case law, justifying the dismissal of the indictment with prejudice.”
Brandon Case’s lawyer, Dan Kitchens, declined to speak to the Mississippi Free Press on Jan. 6 about the dismissal. The Mississippi Free Press reached out to Gregory Case’s lawyer Terrell Stubbs for an interview on Jan. 6, but a spokesperson said he was unavailable. The Mississippi Free Press also reached out to Gibson’s lawyer, Willie Abston, who said he would call back later.
Alec Baldwin sues for malicious prosecution after judge dismissed case of fatal ‘Rust’ set shooting
SANTA FE, N.M. (AP) — Actor Alec Baldwin has filed a civil lawsuit for malicious prosecution and civil rights violations in the fatal shooting of a cinematographer on the set of the Western movie “Rust.”
The lawsuit was filed Thursday at state district court in Santa Fe, where a judge in July dismissed a charge of involuntary manslaughter against Baldwin in the death of cinematographer Halyna Hutchins.
Baldwin also alleges defamation in the suit, saying that prosecutors and investigators intentionally mishandled evidence as they pursued the case.
Defendants named in the lawsuit include special prosecutor Kari Morrissey and Santa Fe District Attorney Mary Carmack-Altwies, along with three investigators from the Santa Fe County sheriff’s office and the county board of commissioners.
“Defendants sought at every turn to scapegoat Baldwin for the acts and omissions of others, regardless of the evidence or the law,” the lawsuit states. It also says prosecutors and investigators targeted Baldwin for professional or political gain.
Hutchins died shortly after being wounded during a rehearsal for the movie “Rust” in October 2021 at a film-set ranch on the outskirts of Santa Fe, New Mexico.
Baldwin, the lead actor and co-producer, was pointing a pistol at Hutchins when it discharged, killing Hutchins and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.
Baldwin’s trial was upended by revelations that ammunition was brought into the Santa Fe County sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammo unrelated and unimportant, while Baldwin’s lawyers say investigators “buried” the evidence in a separate case folder and filed a successful motion to dismiss.
Morrissey said she learned more than a year ago that Baldwin was considering a lawsuit.
“In October 2023 the prosecution team became aware that Mr. Baldwin intended to file a retaliatory civil lawsuit,” she told The Associated Press in a text message Thursday. “We look forward to our day in court.”
Carmack-Altwies and the Santa Fe sheriff’s office did not immediately respond to requests for comment. Baldwin’s lawsuit argues that prosecutors should not be afforded immunity in their official roles.
The state attorney general declined to pursue and appeal the dismissal on behalf of prosecutors, closing out the case in December.
Separately, the shooting led to an involuntary manslaughter conviction at trial last year against movie weapons supervisor Hannah Gutierrez-Reed. She is serving out a maximum sentence of 1 1/2 years at a state penitentiary.
The tort claim by Baldwin also takes aim at a special prosecutor who initially oversaw the investigation, while seeking unspecified punitive damages, compensatory damages, attorneys’ fees and interest.
It adds to a thicket of post-trial litigation, even as Baldwin has returned to comic appearances on “Saturday Night Live” with plans in the works for a family reality TV show with wife Hilaria and seven children.
The parents and younger sister of Hutchins have sued Baldwin and other producers of “Rust” in New Mexico state court. A settlement has been reached in a lawsuit by Hutchins widower and son.
New Hampshire
High court upholds judge’s ruling on ‘Keep New England White’ banners
CONCORD, N.H. (AP) — New Hampshire’s highest court on Friday upheld a judge’s dismissal of civil rights complaints against a white nationalist group that prosecutors say trespassed when it displayed without a permit “Keep New England White” banners from an overpass in 2022.
The New Hampshire Supreme Court, in its first look at the state Civil Rights Act, agreed with the lower court judge that state prosecutors’ interpretation of the law was unconstitutionally overbroad.
The court said the state’s interpretation of the law imposes government sanctions on people who unintentionally trespass on public property and whose presence is motivated by one the characteristics mentioned in the law. Those characteristics include race color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability.
“Such a broad sweep discourages the expression of certain messages for fear of government sanctions under the Act based on the content of the messages expressed,” the court wrote in its opinion.
The court also said It was “not persuaded” that the complaints “sufficiently allege” that group members knowingly trespassed.
The attorney general’s office said it was disappointed by the court’s decision, but respects it, spokesperson Michael Garrity said in a statement.
“Our office remains steadfast in enforcing the Civil Rights Act to ensure all Granite Staters are free from discrimination, violence, and hate-motivated threats. We will continue to explore all options to protect the rights and safety of our communities,” the statement said.
William Gens, a lawyer representing the group, said its members were “very pleased with the decision, and it was based on grounds that we raised all along.” He said the attorney general’s interpretation “didn’t give adequate notice to the public as to what conduct, including the speech portion of the conduct, was a violation of the statute.”
The complaints alleged that the Nationalist Social Club, also known as NSC-131, and two of its members trespassed upon public property and were motivated by race in hanging the banners from the overpass overlooking U.S. Route 1 in Portsmouth. About 10 people took part, the complaints said. The complaints asked a judge to enter an order prohibiting the group and its members from engaging in threatening physical force or violence and discriminatory behavior for three years.
NSC-131 has been identified by the Anti-Defamation League as a New England-based neo-Nazi group founded in 2019 that “espouses racism, antisemitism and intolerance” and whose “membership is a collection of neo-Nazis and racist skinheads, many of whom have previous membership in other white supremacist groups.”
A second complaint filed against the group by the attorney general’s office is pending. It accuses the group of violations in response to a demonstration outside a Concord café hosting a drag story hour event.
New York
Man who fatally stabbed attacker on NYC subway won’t be charged, prosecutor says
NEW YORK (AP) — A man who was attacked on a New York City subway and fatally stabbed one of his assailants will not be criminally charged, a prosecutor said as four men were indicted on assault and robbery charges.
The 69-year-old man was sleeping on a train in Queens early on the morning of Dec. 22 when a group of men tried to steal his bags, prosecutors said. The resulting struggle captured on video shows the unidentified 69-year-old surrounded by several men and being punched and kicked at the end of a subway car.
The man stabbed two of the attackers, Stalin Moya and Philipe Pena. Moya, 37, died from his injuries. The man who was attacked was taken to a hospital with abrasions, lacerations, contusions and bleeding to his head and face, prosecutors said.
“The victim was accosted, without provocation, and our investigation has shown that he defended himself while attempting to retrieve his property,” Queens District Attorney Melinda Katz said in a statement on Wednesday. “As a result, my office will not be filing charges for the fatality.”
Katz’s announcement follows a spate of high-profile subway attacks that have unnerved riders.
A man has been accused of burning a sleeping woman to death in Brooklyn that same morning. Also in recent weeks, a man was shoved onto subway tracks ahead of an incoming train on New Year’s Eve and a man slashed two people with a knife in Manhattan’s Grand Central subway station.
Authorities said all the men involved in the Queens altercation were homeless, including the 69-year-old.
Four men were indicted by a grand jury on robbery and assault charges: Pena, 26, Henry Toapanta, 32, Oswaldo Walter, 29, and Jose Valencia, 35. Pena and Walter were also charged with attempted gang assault.
Walter’s attorney, David Bart, said he was waiting to see all the evidence in the case, but it appeared to him that prosecutors were “overpursuing” the case against his client.
Mississippi
Charges against men accused of shooting at Black FedEx driver dismissed
A Lincoln County judge on Monday dismissed all charges against two white men who prosecutors accused of shooting at D’Monterrio Gibson, a Black FedEx driver, while he was making deliveries in Brookhaven, Mississippi, in January 2022.
The dismissed charges against Gregory Case and his son Brandon Case included attempted murder, conspiracy and shooting into a motor vehicle.
Though he was not injured during his encounter with the Cases, D’Monterrio Gibson shared photos with the Mississippi Free Press in February 2022 showing bullet holes in his van. Authorities indicted the men in November 2022.
Mississippi Circuit Court Judge David Strong declared a mistrial on Aug. 17, 2023, citing the fact that Brookhaven Police Department Detective Vincent Fernando withheld a recorded interview he conducted with Gibson at the police station after the incident. The judge said he improperly testified about finding guns in the home of one of the defendants and shell casings outside.
The Cases’ attorneys, Terrell Stubbs and Dan Kitchens, entered a motion to dismiss the case on Sept. 16, 2024, alleging that Brookhaven Police Department Detective Vincent Fernando violated multiple laws when giving testimony.
In a Sept. 30, 2024, hearing for the dismissal motion, Judge David Strong asked the prosecution and defense to submit a brief for the court to rule on the motion.
In October 2024, the Lincoln County District Attorney’s Office set a retrial date for Jan. 6, 2025.
Strong’s Jan. 6 dismissal order said the defendants alleged that the Cases were intentionally denied evidence, exposed to double jeopardy, denied due process and did not get their right to a speedy trial because of Fernando’s errors. The judge dismissed the case with prejudice, meaning the case cannot be retried in that court again but the Lincoln County District Attorney could still appeal it to a higher court.
“Having conducted a hearing and having reviewed the field and all pleadings, the court finds that the investigator in the case intentionally withheld evidence from the defense, even the District Attorney, on numerous occasions, resulting in egregious discovery violations by the state,” Strong’s order says. “These repeated intentional errors are a clear violation of the Rules of Criminal Procedure, as well as well-established case law, justifying the dismissal of the indictment with prejudice.”
Brandon Case’s lawyer, Dan Kitchens, declined to speak to the Mississippi Free Press on Jan. 6 about the dismissal. The Mississippi Free Press reached out to Gregory Case’s lawyer Terrell Stubbs for an interview on Jan. 6, but a spokesperson said he was unavailable. The Mississippi Free Press also reached out to Gibson’s lawyer, Willie Abston, who said he would call back later.
