Alec Baldwin Could Still Be Charged Over ‘Rust’ Shooting

After legal expenses towards him had been dropped, Alec Baldwin could also be known as into courtroom for the killing of Rust cinematographer Halyna Hutchins in any case, a brand new report suggests.

A forensic report obtained by PEOPLE Tuesday concluded that the set off of the prop Colt .45 revolver that turned out to include stay rounds should have been pulled “sufficiently” sufficient to trigger the accident. 

“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,” learn the firearms report by specialists Lucien Haag and Mike Haag, who had been employed by the State of New Mexico in its case towards Hannah Gutierrez-Reed. “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.”

In October 2021, Baldwin was holding the gun in query on the New Mexico set of the Western movie when it discharged, wounding writer-director Joel Souza and killing Hutchins, 42. The Santa Fe County District Attorney’s Office charged the Rust actor-producer, 65, with two counts of involuntary manslaughter. 

The expenses had been dismissed with out prejudice in April, however prosecutors Kari Morrissey and Jason Lewis wrote in a June 9 courtroom submitting that Baldwin might nonetheless face expenses pending an ongoing investigation into the gun.

“The gun and broken sear have been sent to the state’s independent expert for further testing. The charges against Alec Baldwin were dismissed without prejudice because a possible malfunction of the gun significantly effects causation with regard to Baldwin, not with regard to Gutierrez. If it is determined that the gun did not malfunction, charges against Mr. Baldwin will proceed,” they wrote on the time, including that they anticipated to make a closing charging resolution for Baldwin throughout the subsequent 60 days of that submitting.

In the case towards Gutierrez-Reed, the prosecution’s new report contains photographs of Baldwin in costume whereas rehearsing previous to the incident, holding the weapon. In reassembling the gun itself, the report mentioned, it “was found to function properly and in accordance with the operational design of original Colt 1873 single-action revolvers.”

Although “the full-cock step on the hammer had been severely damaged, the top of the trigger’s sear was broken off and the bolt (cylinder stop) was also broken” as a result of incident, there was no indication of “any modification to the gun,” the report reads.

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In August 2022, a forensic report from the FBI made related determinations, together with that Baldwin should have pulled the set off. The gun “could not be made to fire without a pull of the trigger” except the hammer was “de-cocked on a loaded chamber” and “the hammer was struck directly,” per that report, which Baldwin’s lawyer claimed was “misconstrued.”

In interviews, Baldwin has repeatedly maintained that the gun went off with out him pulling its set off. “The set off wasn’t pulled,” he mentioned in December 2021. “I didn’t pull the trigger. I would never point a gun at someone and pull the trigger on them, never.” 

In April, ABC News reported that the costs towards Baldwin had been dropped. Two of the Emmy winner’s attorneys, Luke Nikas and Alex Spiro, mentioned in an announcement shared with PEOPLE: “We are pleased with the decision to dismiss the case against Alec Baldwin and we encourage a proper investigation into the facts and circumstances of this tragic accident.”

The movie’s armorer, Hannah Gutierrez-Reed, was additionally initially charged with involuntary manslaughter, whereas assistant director David Halls has pleaded responsible to a misdemeanor cost of negligent use of a lethal weapon.

In January, Santa Fe County District Attorney Mary Carmack-Altwies and particular prosecutor Andrea Reeb famous in an announcement that “if any one of these three people — Alec Baldwin, Hannah Gutierrez-Reed or David Halls — had done their job, Halyna Hutchins would be alive today. It’s that simple. The evidence clearly shows a pattern of criminal disregard for safety on the Rust film set.”

Last week, Gutierrez-Reed, 26, pled not responsible. “She seems to be ahead to her day in courtroom, and to having the conduct of everybody on set absolutely examined,” the armorer’s lawyer Jason Bowles mentioned in an announcement to PEOPLE. Gutierrez-Reed’s trial is about for December. 

Rust resumed and completed manufacturing in Montana earlier this 12 months after Baldwin and the movie’s producers reached a separate settlement with Hutchins’ widower Matthew, who shares son Andros together with her.

“The filming of Rust, which I will now executive produce, will resume with all the original principal players on board in January 2023,” Matthew mentioned in an announcement final October. “I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin). All of us believe Halyna’s death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna’s final work.”

Souza, 50, added, “Those of us who were lucky enough to have spent time with Halyna knew her to be exceedingly talented, kind, creative and a source of incredible positive energy. I only wish the world had gotten to know her under different circumstances, as it surely would have through her amazing work.”

In May, Baldwin shared a photograph on Instagram of Rust forged members Patrick Scott McDermott and Frances Fisher, writing, “It’s been a long and difficult road. But we reach the end of the trail today… Nothing less than a miracle.”