Alec Baldwin may still be charged in the Rust shooting that killed cinematographer Halyna Hutchins, a new forensic report that concluded the gun was triggered “sufficiently” suggests.
The criminal charges against Baldwin were initially dropped and the shooting of the film was completed earlier this year.
But Baldwin, 65, who has repeatedly denied pulling the trigger, may be recalled to court over the murder.
The firearms report, obtained by People magazine, says “the trigger had to be pulled or depressed enough to release the fully cocked or retracted hammer of the evidence revolver.”
Baldwin has repeatedly denied that he pulled the trigger on the gun whose bullet killed Halyna Hutchins. A new report indicates otherwise
Halyna Hutchins, 42 and a mother of one, was killed in October 2021 when a bullet from a gun held by Baldwin hit her.
“This fatal incident resulted from manual retraction of the hammer to its fully rearward and cocked position, followed at some point by pulling or backward pressing of the trigger,” wrote firearms experts Lucien Haag and Mike Haag, who were hired by the state of New Mexico in its case against Hannah Gutierrez-Reed, the set’s gunsmith.
In October 2021, Baldwin was holding the Colt .45 revolver which, unbeknownst to him, contained live bullets, when it fired, hitting Hutchins, 42, and the film’s director Joel Souza.
At the time, the Santa Fe County District Attorney indicted Baldwin, who also served as the film’s producer, on two counts of involuntary manslaughter.
In April, the charges were dropped without qualification, though prosecutors noted that Baldwin could still face charges pending an ongoing investigation into the weapon.
“The gun and broken clasp have been sent to the independent state expert for further investigation. The charges against Alec Baldwin were dismissed unconditionally because a possible malfunction of the weapon would significantly affect the causation with respect to Baldwin, not Gutierrez,” prosecutors wrote in June.
“If it is determined that the gun was not defective, charges against Mr. Baldwin will continue.”
The new prosecutor’s report in the Gutierrez-Reed case says the weapon “functioned well and was consistent with the operational design of the original Colt 1873 single-action revolvers.”
Although the ‘full-cock step on the hammer was severely damaged, the trigger top had broken off and the bolt (cylinder stopper) had also broken’ due to the on-set incident, there was no evidence of any changes to the gun .
An August 2022 FBI forensic report concluded essentially the same thing: that Baldwin pulled the trigger.
Prosecutors have charged Gutierrez-Reed with involuntary manslaughter and tampering with evidence
The cast and crew of Rust before the fatal shooting in 2021
Baldwin was initially charged, but the case was dropped after evidence suggested the gun could have fired without him pulling the trigger
Last week, 26-year-old Gutierrez-Reed pleaded not guilty to the charges against her.
Her lawyer, Jason Bowles, said his client “looks forward to her day in court and to having the behavior of everyone on set fully investigated.”
Gutierrez-Reed waived her right to an arraignment and preliminary hearing on Wednesday when she entered the plea. Her trial is scheduled for December.
Jury selection begins the day before the opening of statements.
Gutierrez-Reed’s lawyers previously said they “fully expect Hannah to be acquitted as well at the end of this trial.”
The state of New Mexico, where the shooting took place, was forced to drop charges against Baldwin after he lost several preliminary rulings.
The actor was seen loitering outside the park of the Santa Fe County Sheriff’s Office after receiving questions about the 2021 accidental shooting
He has said in interviews that he was told the gun was safe and that he never pulled the trigger.
“I didn’t pull the trigger. I would never point a gun at anyone and pull the trigger, ever,” he said in December 2021.
Santa Fe County prosecutors may still decide to file new counts after they send the weapon for further investigation.
After a damning safety review by New Mexico regulators detailing complaints of ignored complaints and misfires before Hutchins’ death in October 2021, the production company agreed to pay a $100,000 fine.