Prosecutors in New Mexico have dropped an involuntary manslaughter charge against Alec Baldwin in the fatal 2021 shooting of a cinematographer on the set of the Western film Rust, Baldwin's attorneys said on Thursday.

Prosecutors said they were currently unable to proceed with the case, but the decision to dismiss the charges did not “absolve Mr Baldwin of criminal culpability”.

It came as filming resumed on the production of Rust in Montana.

The Hollywood actor had faced two counts of involuntary manslaughter over the shooting on the New Mexico set of the movie Rust in October 2021.

The incident occurred after a prop gun held by Baldwin went off, killing Ms Hutchins and injuring director Joel Souza.

The actor previously pleaded not guilty to both charges of involuntary manslaughter.

On Thursday, newly appointed special prosecutors Kari Morrissey and Jason Lewis confirmed they were dismissing both charges.

“Over the last few days and in preparation for the May 3 2023 preliminary hearing, new facts were revealed that demand further investigation and forensic analysis in the case against Alexander ‘Alec’ Rae Baldwin III,” a statement read.

“Consequently, we cannot proceed under the current time constraints and on the facts and evidence turned over by law enforcement in its existing form.

“We therefore will be dismissing the involuntary manslaughter charges against Mr Baldwin to conduct further investigation.

Cinematographer Halyna Hutchins who was fatally shot on the set of Rust. Photo: Fred Hayes

“This decision does not absolve Mr Baldwin of criminal culpability and charges may be refiled. Our follow-up investigation will remain active and on-going.”

The statement said similar charges against Rust’s armourer Hannah Gutierrez Reed remained unchanged.

Earlier, following the announcement by his own legal team that the case had been dismissed, Baldwin seemed to pay tribute to his wife and lawyer.

The Hollywood actor posted a photo of himself and his wife Hilaria Baldwin online.

“I owe everything I have to this woman… (and to you, Luke),” he captioned the photo.

The Hollywood actor has been defended by lawyers Luke Nikas and Alex Spiro throughout proceedings.

We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident

In a statement, Mr Nikas and Mr Spiro said they were “pleased” with the decision and encouraged a proper investigation.

“We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident,” the statement read.

The announcement comes less than two weeks before a preliminary hearing in the case in Santa Fe, New Mexico, where it was to be determined whether there was enough evidence to take it to trial.

Santa Fe district attorney Mary Carmack-Altwies and special prosecutor Andrea Reeb had previously stepped down from the case.

A photograph of cinematographer Halyna Hutchins (Andres Leighton/AP)

Their decisions came after much back and forth between the two sides, with Baldwin’s lawyers arguing Ms Reeb’s involvement was “unconstitutional” due to her elected position in the New Mexico House of Representatives.

In turn the district attorney’s office had accused Baldwin of using his “fancy attorneys” to “distract from the gross negligence” in the case.

The actor was formally charged with two counts of involuntary manslaughter by the DA in February, alongside Gutierrez Reed.

Alec Baldwin’s charges of involuntary manslaughter dismissed by prosecutors (Santa Fe County Sheriff/PA)

The first charge required proof of underlying negligence and included the misdemeanour charge of negligent use of a firearm.

The second charge included a firearm enhancement, which would have made the crime punishable by a mandatory five years in jail.

Alec Baldwin speaks to officers (Santa Fe County Sheriff/PA)

The enhancement was later dropped after Baldwin’s lawyers argued it was “unlawful” and said prosecutors had committed an “unconstitutional and elementary legal error”.

In the statement of probable cause, filed alongside the charges, the DA accused Baldwin of showing “wilful disregard” for the safety of others in the days leading up to the shooting.

His “reckless deviation from known standards and practice and protocol” directly caused Ms Hutchins’ death, the DA had alleged.

Baldwin also faces a separate civil lawsuit, filed on February 9 by the family of Ms Hutchins.

The family is suing the actor and the Rust movie production company for alleged battery, intentional infliction of emotional distress, negligence, and loss of consortium.

Loss of consortium is a claim which seeks to recover compensation for damage to certain relationships that are mutually dependent.

Thursday’s development coincided with the resumption of production on the movie in the US state of Montana.

Legal representatives for Rust Movie Productions stressed all use of working weapons or ammunition is, “and always has been”, prohibited on set.