'Rust' Shooting: Baldwin Thought Gun Was Safe Because It Was 'Cold', Claims Lawyer
KEY POINTS
- The FBI found the gun was fully functional, and wouldn't have mistakenly fired
- Absence of obvious intent to cause harm or death determined
- The medical investigation is yet to be produced at the DA's office
The New Mexico Office of the Medical Investigator has concluded the fatal shooting of a cinematographer by actor Alec Baldwin on the sets of a movie last year was an accident.
The medical investigator's report, which was concluded after an autopsy and a review of police reports, was made public Monday by the Santé Fe County Sheriff's Office, the New York Post reported.
Prosecutors are yet to determine if any charges need to be filed in the case, as they examine the recent findings, including those from the FBI on the revolver and ammunition.
During the making of the movie, "Rust", Baldwin was aiming a gun at cinematographer Halyna Hutchins when it fired, killing the latter, and injuring director Joel Souza on Oct. 21.
Although it's too early to determine the significance of the medical investigator's report at the district attorney's office, Baldwin's legal team claimed it was additional evidence the shooting was "a tragic accident," and that he shouldn't be pressed with criminal charges for it, CBC Canada reported.
Baldwin's lawyer, Luke Nikas, said in a statement: "This is the third time the New Mexico authorities have found that he had no authority or knowledge of the allegedly unsafe conditions on the set, that he was told by the person in charge of safety on the set that the gun was 'cold' and that he believed the gun was safe."
An FBI investigation had revealed the gun was in functioning condition, and wouldn't have mistakenly fired without the trigger being pulled.
The gun's operational internal parts were present and accounted for, but it could not be forced to fire with the hammer in the fully cocked position without the trigger being pulled. Authorities claimed as the hammer was being struck during the FBI examination of the rifle, pieces of the trigger sear and cylinder stop shattered. This made it possible for the hammer to drop and the primer to be ignited by the firing pin.
"This was the only successful discharge during this testing and it was attributed to the fracture of internal components, not the failure of the firearm or safety mechanisms," the report said.
In a comprehensive report published in April, New Mexico's Occupational Health and Safety Bureau documented a list of safety breaches that violated industry-accepted procedures. The report included statements of inaction by production supervisors after two misfires had occurred on set before the fatal shooting.
Live bullets were among the ammo collected from the shooting area, and they were discovered on a cart and in a holster that was within the structure where the shooting took place. Fake and blank cartridges were also discovered. The bureau also made note of crew members' unheeded gun safety complaints, and said weapons specialists were not permitted to decide on additional safety training.
The medical investigator's office in New Mexico came to the conclusion the shooting was an accident, and cited "the absence of obvious intent to cause harm or death" and "no compelling demonstration" that the handgun was purposefully loaded with real bullets on the set.
© Copyright IBTimes 2024. All rights reserved.