A new forensics report suggests that actor Alec Baldwin must have pulled the trigger in the fatal shooting on the set of the upcoming movie Rust. The independent report ruled that, despite Baldwin’s claims to the contrary, the revolver that fired during filming did not spontaneously malfunction—meaning Baldwin could soon find himself back in court.
In October 2021, while filming a scene for his upcoming Western film Rust in New Mexico, Alec Baldwin was handed what he believed to be an unloaded prop gun. The actor began practicing his cross-draw between takes, at which point a bullet that had been left in the gun was discharged, killing cinematographer Halyna Hutchins and injuring director Joel Souza.
Since then, a legal battle has raged as family members and investigators attempt to find justice for the parties responsible. Baldwin and head armorer Hannah Gutierrez-Reed were both charged with involuntary manslaughter.
Baldwin has emphatically denied ever pulling the trigger, claiming that the gun went off on its own. A forensic examination by the FBI found that claim to be impossible, stating that the gun could not fire without the trigger being pulled. However, prosecutors also determined that the gun had been modified in a way that made an accidental discharge easier, leading to Baldwin’s charges being dropped in April.
But while the charges were dismissed, prosecution documents said that “if it is determined that the gun did not malfunction, charges against Mr. Baldwin will proceed.”
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Gutierrez-Reed is scheduled for trial in December, and the prosecution in that case commissioned a secondary report on the gun, leading to new findings made public on Tuesday. According to firearms expert Lucien C. Haag and forensic science consultant Michael G. Haag, the claim that the gun was modified was not correct.
“Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver,” the report stated. “This fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger.”
The report also cites set photos that show Baldwin’s finger on or near the trigger just before the shooting. Gutierrez-Reed’s defense argues that a trigger pull by Baldwin constitutes an “intervening cause” that should exonerate the armorer.
New Mexico prosecutors have not announced a decision to re-charge Baldwin in light of the new evidence, but they are in the process of weighing their options. “Charges against Mr. Baldwin are being considered but a final decision has not yet been made,” special prosecutor Kari Morrissey told NBC News on Wednesday. “We won’t be pressured by Ms. Gutierrez’s attorneys or anyone else in this regard.”
Despite the forensic report, the case for bringing new charges against the 65-year-old actor remains legally dubious given the fact that the gun in question was damaged during the FBI’s initial investigation. Many parts required reconstruction before the second examination, giving Baldwin’s defense grounds to contest the findings.
Filming resumed on Rust last year, wrapping in April 2023.
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