SANTA FE, N.M. – The fallout is just starting from the dismissed involuntary manslaughter case against actor Alec Baldwin. His team says they plan to sue.

Judge Mary Marlowe Sommer threw the case out after agreeing the prosecution withheld evidence about the potential source of the live ammunition.

Now, we know Baldwin’s attorneys put lead special prosecutor Kari Morrissey and Santa Fe County Sheriff Adan Mendoza on notice earlier this week. Baldwin’s attorney’s mailed preservation notices to Morrissey and Mendoza, instructing them to save all evidence, emails, text messages and any other relevant information in the case. 

“I felt ethically I made the right decision, and it wasn’t easy, but I had to do it,” said former special prosecutor Erlinda Johnson. 

Johnson resigned just hours before a judge dismissed the case against Baldwin. She says she felt something was off a day earlier when Baldwin’s attorneys started questioning a crime scene technician. 

She claims that’s the first time she learned a man named Troy Teske turned in ammo during “Rust” armorer Hannah Gutierrez Reed’s trial in February.

He told investigators that live ammo was part of a batch he believed was possibly given to Gutierrez Reed for the “Rust” movie. 

But investigators testified they and Morrissey put that ammo under a different case file and never turned it over to Baldwin’s team. 

“I think the larger the overarching issue was disclosure and that making those bullets available to the defense and disclosing that report was really the issue,” said Johnson. 

Johnson says she was pushing Morrissey during lunch Friday to drop the charges against Baldwin, but that didn’t happen. So, Johnson made the decision to resign.