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The judge overseeing Alec Baldwin’s involuntary manslaughter case has denied his latest attempt to dismiss the charges, ensuring the trial proceeds as scheduled next month.

New Mexico Judge Mary Marlowe Sommer ruled against Baldwin, siding with prosecutors who argued that the firearm evidence was sufficient to move forward. Baldwin’s defense argued that the gun used in the fatal 2021 shooting on the set of “Rust” was damaged during FBI testing, potentially obscuring critical modifications or defects that might have supported Baldwin’s innocence.

With this ruling, Baldwin will have to go through the trial, which is set to begin on July 9th. Prosecutors have indicated they plan to call multiple witnesses, including Joel Souza, the film’s director who was also injured in the incident, and Dave Halls, the assistant director who has already pleaded no contest to negligent use of a deadly weapon. The case centers on the death of cinematographer Halyna Hutchins, who was killed when Baldwin pointed a prop gun that unexpectedly discharged.

Baldwin, who has pleaded not guilty, maintains that he did not pull the trigger, claiming the gun misfired. However, the FBI’s investigation concluded that the revolver could not have fired without the trigger being pulled, an argument the prosecutors will likely emphasize.

In addition to Baldwin, Hannah Gutierrez-Reed, the film’s armorer, is already serving an 18-month sentence after being convicted of involuntary manslaughter.