Alec Baldwin’s lawyer has claimed the gun which killed Halyna Hutchins has been destroyed.
Alex Spiro – the attorney representing the Rust star in his involuntary manslaughter case – claimed in a virtual hearing on Thursday that the prop gun responsible for the cinematographer’s death was “destroyed by the state”.
In October 2021, production on the film was suspended after Baldwin’s 1880s prop firearm discharged on set, injuring director Joel Souza and killing Hutchins. Baldwin was charged in January this year with involuntary manslaughter over Hutchins’s death.
“The court, I don’t think is aware of this point, but I think I should tell the court that the firearm in this case, that’s a great subject of it, was destroyed by the state,” Spiro told the court in a statement obtained by Deadline. “So, that’s obviously an issue and we’re going to need to see that firearm, or what’s left of it.”
New Mexico First Judicial DA spokesperson Heather Brewer later released a statement to the outlet dismissing Spiro’s claim.
“The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state,” Brewer asserted. “The gun is in evidence and is available for the defence to review.”
She continued, “The defence’s unexpected statement in the status hearing today that the gun had been destroyed by the state may be a reference to a statement in the FBI’s July 2022 firearms testing report that said damage was done to internal components of the gun during the FBI’s functionality testing… However, the gun still exists and can be used as evidence.”