 For Helena Hutchins in a wrongful death suit, she was shot and killed when the gun Baldwin was rehearsing with on the set fired a live round. We are dedicated to holding Alec Baldwin and the entire Rust production accountable. Allred alleges negligence and says the judge's dismissal is not an exoneration. Michelle Franz in ABC News. The New Mexico judge dismissed the criminal case against Baldwin after his attorneys say prosecutors withheld evidence.