Alec Baldwin’s manslaughter trial is set to take place in July, a New Mexico judge ruled on Friday.

Baldwin’s defense requested the case to be dismissed due to the gun being damaged during the FBI forensic testing. The gun had not yet been examined for any modifications or problems that could possibly exonerate Baldwin, according to NPR.

Baldwin “contends that an unaltered firearm is critical to his case, other evidence concerning the functionality of the firearm on Oct. 21, 2021, weighs against the defendant’s assertions,” the judge wrote, according to The Washington Times.

First Judicial District Court Judge Mary Marlowe Sommer rejected the motion to dismiss the case, and jury selection is scheduled for July 9 in Santa Fe.

More than 60 people are said to be on the court-approved list to be called at trial, including assistant director Joel Souza, who was wounded in the shooting, and assistant director Dave Halls, who previously pleaded not guilty to “negligent use of a deadly weapon.”

As CrimeOnline previously reported, prosecutors said Baldwin fired a blank round at a crew member while using them for a line of sight. They also claimed Baldwin would point the gun while directing the crew, in addition to firing it after “cut” was called and filming was done.

TMZ reported that prosecutors claimed Baldwin would have his finger on the trigger even while filming scenes. Baldwin allegedly FaceTimed his family while being trained on firearm safety by armorer Hannah Gutierrez-Reed, who he reportedly also rushed to reload his gun during filming.

The actor is accused of fatally shooting “Rust” cinematographer Halyna Hutchins on set in 2021. His lawyers claim he was a creative director for “Rust” and did not control on-set operations. His attorneys also said his gun was modified to make it easier to fire without the trigger being pulled.

Baldwin has claimed he was showing how he would pull a gun from the holster when the weapon fired in a mock church pew at Bonanza Creek Ranch — leading to a single bullet traveling through Souza’s shoulder, which then struck Hutchins.

The actor also told officers that he believed the gun was cold when he was rehearsing a cross draw. However, the FBI’s investigation concluded that it could not have fired without someone pulling the trigger.

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