SANTA FE, N.M. — A New Mexico judge has denied another attempt to dismiss the sole charge against Alec Baldwin in the fatal “Rust” shooting.

Baldwin faces a charge of involuntary manslaughter in the deadly shooting of cinematographer Halyna Hutchins.

Baldwin’s defense attorneys had argued that the indictment should be dismissed because the FBI damaged the firearm that fired the fatal round. They said that prevented the defense from properly examining the gun and making their case.

“The government took the most critical evidence in this case – the firearm – and destroyed it by repeatedly and pointlessly striking it with a mallet,” the defense argued in court documents.

The FBI had damaged the gun during an accidental discharge test.

In a order issued Friday, the court concluded that the state must “fully disclose the destructive nature of the firearm testing, the resulting loss and its relevance and import to the jury,” but that Baldwin’s motion to dismiss the charge has been denied.

The ruling by Judge Mary Marlowe Sommer means the trial will move forward as planned.

Baldwin’s trial is expected to begin in Santa Fe on July 9 with jury selection.

The involuntary manslaughter charge carries a maximum sentence of 18 months in prison. “Rust” armorer Hannah Gutierrez-Reed is currently serving her 18-month sentence.