A damning report from the FBI has concluded that Alec Baldwin did pull the trigger of the gun that killed cinematographer on the set of Rust – despite him repeatedly stating that he did not.
The actor, 64, accidentally shot dead Halyna Hutchins, 42, on the set of his film ‘Rust’ in October 2021, and injured director Joel Souza in the incident in Bonanza Creek Ranch, Santa Fe, New Mexico.
Baldwin has consistently denied that he pulled the trigger on the gun, which was supposed to be loaded with dummy bullets – but a new report, seen by ABC News, concluded that it could not have been fired unless the trigger was pulled.
It means that he could still face criminal charges for the incident, with Santa Fe Sheriff’s department confirming that the case will be passed to the District Attorney.
Authorities said yesterday that they are waiting on the actors phone records, and the DA has been working with Suffolk County Police in New York and Baldwin’s attorneys to acquire them.
The records will be reviewed by detectives, and a case file will then be sent to the DA to determine if any charges will be filed.
The FBI forensic report was examining all of the areas of the fatal accident as part of a broader investigation to see if any criminal charges can be brought.
Part of the report found that the revolver, a single-action .45 Colt caliber F.lli Pietta, could not have been fired without someone pulling the trigger.
They made the decision by conducting an accidental discharge test, but it is unclear if this was with the exact same gun or an identical copy, according to ABC News.
A new FBI report claims that Baldwin must have pulled the trigger to fire the shot which killed cinematographer Halyna Hutchins on the set of Rust last year
Halyna Hutchins, 42, died after being shot in the armpit by a live round that somehow made its way into Alec Baldwin’s gun on October 21, 2021
The actor, pictured with Hutchins and director Joel Souza, also injured Souza in the same incident with the .45 Colt
Baldwin has consistently denied that he pulled the trigger on the gun, but a new report concluded that it could not have been fired unless the trigger was pulled
It states that the gun, when working properly, will not release a bullet and primer at the same time just by someone fiddling with the hammer.
Baldwin previously claimed that is what he was doing when the gun fired, in an interview with ABC last year.
He said that he had pulled back the hammer and posed with it for the camera while Halyna coached him on the positioning.
In interviews with investigators Baldwin said he was told that he was holding a ‘cold gun,’ meaning that it was loaded with dummy rounds.
The actor said that he released it, and it fired without him pulling the trigger, with Baldwin adding ‘I did not pull the trigger.’
However the FBI report found that the action could set of a gunshot sound without discharging a bullet.
The report could still lead to criminal charges against the actor and others involved in the accidental shooting, with Santa Fe cops still investigating Hutchin’s death.
Those FBI reports were immediately forwarded to the New Mexico Office of the Medical Investigator OMI, who then passed them to the Sheriffs Office on Wednesday.
The actor said that he released it, and it fired without him pulling the trigger, with Baldwin adding ‘I did not pull the trigger’ in an interview with ABC last year
In interviews with investigators and ABC News, Baldwin has said he was told that he was holding a ‘cold gun,’ meaning that it was loaded with dummy rounds
Authorities said yesterday that they are waiting on the actors phone records, and the DA has been working with Suffolk County Police in New York and Baldwin’s attorneys to acquire them
Baldwin was adamant that the sheriff’s investigators should question Hannah Gutierrez, pictured, the armorer, about the box
Speaking earlier this year Santa Fe County Sheriff Adan Mendoza told the “Today” show that criminal charges could not be ruled out.
He said: ‘It’s too early to rule anything out right now, I don’t think anybody’s off the hook when it comes to criminal charges.
‘I’ve said this before: I think there was complacency on the set. There was disorganization and a degree of negligence — whether that rises to a criminal level, that will be up to the district attorney.’
Baldwin was rehearsing a scene for the movie Rust on October 21, 2021, when he pulled his gun from his costume. It fired and shot Hutchins, 42, (pictured) in the armpit, fatally wounding her
Baldwin’s attorney’s at Pillsbury Winthrop Shaw Pittman LLP did not immediately respond to DailyMail.com for a comment.
When he was interviewed, the actor told the sheriffs that on the day of shooting, a box of dummy bullets that had gone missing suddenly reappeared.
After the accident involving Hutchins, the crew went back to the box and discovered live rounds had been mixed in with the dummy rounds, he said.
Baldwin was adamant that the sheriff’s investigators should question Hannah Gutierrez, the armorer, about the box.
Hannah Gutierrez-Reed, the 24-year-old armorer, has repeatedly issued statements protesting her innocence. She said she was overworked on set.
Police also released several videos of Baldwin being interviewed about the incident, with the footage taken from inside the Santa Fe County Sheriff’s Office in New Mexico after Baldwin’s prop gun fired a live round during a rehearsal for a scene.
He had just finished telling cops that he didn’t pull the trigger, and was therefore stunned when he saw what looked like a live round fire from his weapon and pierce through director Joel Souza’s shoulder before striking Hutchins in the armpit.
Baldwin also reportedly badgered Sante Fe detectives to grill the rest of the crew about the incident and complained about losing out on work and having to tell his kids about how he accidentally killed Hutchins.
Baldwin, buckled over in grief, after being told Halyna Hutchins had died as a result of the injuries he accidentally caused
Video shows investigators telling the actor that Hutchins, 42, had succumbed to her injuries, with Baldwin instantly saying ‘no’ as he lurched back into his seat in shock. Baldwin, 64, is seen raising his hand to his mouth as he looks between the two investigators in stunned silence
Baldwin remains in the same position for 24 seconds before he puts his hand on his chest and then covers his face with his hands.
Baldwin sits in silence and with his hands raised to his face before he asked to call his wife Hilaria
In the week after the accident, Baldwin phoned Detective Alexandra Hancock to ask if the sheriff had interviewed the film’s armorer about the bullets, and to ask when a press conference was being held.
He was frantic, begging the detective to ‘indulge’ him by asking about the box of bullets that he felt could explain how a live round ended up in his gun.
During the interview he also told the detective about having to tell his eight-year-old daughter Carmen about the tragedy, and how she ‘cried’ afterwards.
Baldwin said he’d been ‘fired’ from the rest of his projects for the year as a result of the accident.
‘I have some unfortunate news. She didn’t make it,’ the investigator told him.
He shot back in his seat, saying: ‘No!’ before asking if he can be excused to phone his wife, Hilaria. Baldwin left the room with his head in his hands.
Seconds later, he was photographed in the parking lot of the sheriff’s office, wailing as he spoke to Hilaria.
The sheriff’s office also released dozens of text messages and emails to and from Dave Halls, the assistant director of the movie.
Those messages show how his friends and confidantes warned him that Baldwin’s ‘PR machine’ was ‘in overdrive’ trying to blame him for the tragedy.
One message, written to Halls by a friend named Julie Burris, said: ‘It looks as though everyone is going for their 15 minutes of fame and AB PR team is in overdrive trying to shift the blame away from himself on a worker bee who doesn’t have the money or the power to refute any of it.
New Mexico workplace safety regulators last week issued the maximum possible fine of nearly $137,000 against the ‘Rust’ film production company
Discarded medical materials inside the church after the fatal shooting
Crime scene photos show bloody gauze at the scene that was used by paramedics before Hutchins was taken away
Bloody tissues and a script with a dirty foot print on it inside the church
In other interviews, armorer Hannah Gutierrez-Reed told cops she is who ‘loads the guns and hands them to the actors’
‘I think you should thoroughly discuss this aspect with your attorney because the most important thing right now is to make sure there aren’t any criminal charges brought against you – AND what the sheriff’s office affadavit [sic] actually says.
‘And then after the fact assess what person (s) and/or news outlets you can sue for libel/slander/defamation.’
No one has been criminally charged over the shooting but Baldwin is being sued by Hutchins family.
The suit declares that Baldwin and the other producers ‘failed to perform industry standard safety checks and follow basic gun safety rules while using real guns to produce the movie Rust, with fatal consequences.’
Other civil lawsuits have already been filed against the actor and other producers, including one from Mamie Mitchell a script supervisor.
She claims that she was standing just feet away from Baldwin when he fired the gun and was the first to call 911.
Mitchell claims that she suffered pain and ringing in her ears as well as emotional injuries.
In January Baldwins attorneys moved to dismiss the lawsuit because the shooting as a workplace accident.
The films armorer Hannah Gutierrez Reed has filed her own suit saying that an ammunition supplier created dangerous conditions by including live ammunition in a box that was supposed to include only dummy rounds.
The productions main medic and lead camera operator have also filed a suit for emotional trauma.
New Mexico workplace safety regulators issued the maximum possible fine of nearly $137,000 against the ‘Rust’ film production company.
New Mexico´s Occupational Health and Safety Bureau said Rust Movie Productions must pay $136,793, and distributed a scathing narrative of safety failures in violation of standard industry protocols, including testimony that production managers took limited or no action to address two misfires on set prior to the fatal shooting.
The bureau also documented gun safety complaints from crew members that went unheeded and said weapons specialists were not allowed to make decisions about additional safety training.
Rust Movie Productions has indicated it will dispute the findings and sanction.