ACTOR Alec Baldwin in a scene from Rust. 鈥 IMDB

ALEC BALDWIN has informed a New Mexico state prosecutor and sheriff he may sue them after it emerged they withheld evidence from his defense team during their botched attempt to prosecute him over a fatal shooting on the movie set for Rust.

A New Mexico judge involuntary manslaughter charges against Mr. Baldwin on the third day of trial on Friday, agreeing with his lawyers that prosecutor Kari Morrissey and the sheriff鈥檚 office concealed evidence about the source of the live round that killed Rust cinematographer Halyna Hutchins in 2021.

Mr. Baldwin鈥檚 lawyers sent letters to Ms. Morrissey and Santa Fe County Sheriff Adan Mendoza dated Monday asking them to preserve documents for future litigation, according to copies of the letters seen by Reuters.

The Santa Fe County Sheriff鈥檚 Office confirmed it received the letter from Mr. Baldwin鈥檚 legal team but declined further comment on Wednesday. Ms. Morrissey did not immediately respond to a request for comment.

Ms. Hutchins died when Mr. Baldwin pointed a gun at her as they set up a camera shot on a movie set near Santa Fe. The gun fired a live round inadvertently loaded by the movie鈥檚 chief weapons handler Hannah Gutierrez. Ms. Gutierrez was convicted of involuntary manslaughter in March.

Ms. Gutierrez, serving an 18-month prison sentence, on Tuesday filed a for dismissal of charges due to the failure of prosecutors to disclose evidence on the live rounds, testing of Mr. Baldwin鈥檚 gun by firearms expert Lucien Haag, and an interview with the movie鈥檚 props supplier Seth Kenney.

Erlinda Johnson resigned as Ms. Morrissey鈥檚 assistant prosecuting the case on Friday, shortly before judge Mary Marlowe Sommer dismissed charges against Mr. Baldwin.

Ms. Johnson told Reuters that in the months since she was appointed in April, she provided the defense with unredacted documents after they got in touch with her seeking information when Mr. Morrissey did not provide documents they requested.

鈥淎s prosecutors we have obligations to disclose all the evidence,鈥 she said, adding that she believed it was right to dismiss the case. 鈥淲e not only owe a duty to the people, but to the defendants accused of crimes as well.鈥

Ms. Johnson said she did not give Mr. Baldwin鈥檚 legal team details of the live rounds and only learned of that evidence when the defense did during testimony in court. 鈥 Reuters