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Assistant Director ‘Should Have’ Checked Gun More Closely Before ‘Rust’ Shooting, He Says In Explosive Affidavit

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Updated Apr 21, 2022, 08:18am EDT

Topline

Dave Halls, the assistant director of Rust and one of the two people who inspected the gun before Alec Baldwin shot it and killed cinematographer Halyna Hutchins and injured director Joel Souza, said that he “should have” better inspected the weapon before handing it to Baldwin and telling him it was safe to use, according to a new affidavit included in a search warrant by the Santa Fe County Sheriff’s Department.

Key Facts

Before a gun is used on set the armor, Hanna Gutierrez, would examine it to make sure it does not include live rounds, then Halls would check the barrel for obstructions, then Gutierrez would open the hatch and spin the gun for Halls, and then Halls would declare the weapon safe for use, according to interviews included in the warrant. 

However, before Hutchins was killed, Halls said he couldn’t remember if Gutierrez spun the gun for him, said he only remembered seeing three rounds in the gun and that he should have checked all of them, but did not. 

Gutierrez said no live ammunition is ever kept on set, directly contradicting statements made by Sheriff Adan Mendoza, who said that authorities found several suspected live rounds on set, and that a lead bullet was found in Souza’s shoulder, which they believe killed Hutchins. 

Gutierrez said that before the shooting the crew broke for lunch, and during that time the weapons were stored in a safe which few people had the combination to, though the ammunition was not secured. 

Gutierrez said the day of the shooting she examined the dummy rounds to ensure they were not “hot” rounds. 

Halls told authorities that the incident “was not a deliberate act.” 

Key Background

On Wednesday, the Santa Fe County Sheriff’s Department announced they are still investigating how Gutierrez and Halls examined the gun and a suspected live round was still fired from it. Baldwin, Hutchins, Souza and the rest of a 16-person crew were rehearsing a shooting scene when the gun was fired. Halls told Baldwin it was a “cold gun,” meaning it was safe to shoot, and handed it to him before the actor and producer killed Hutchins. Halls has an alleged history of being lax with weapons on set. In 2019 he was fired from Freedom’s Path and a complaint was filed about him on Into the Dark another after a gun unexpectedly discharged and he allegedly discarded weapons safety protocols, respectively. Allegations of lax safety have also been made about Rust. At least two guns had misfired before the fatal incident. The Santa Fe District Attorney said that a history of safety problems could play into whether charges are eventually filed regarding the shooting. 

Further Reading

500 Rounds Of Ammunition—Including Suspected Live Rounds—Recovered On ‘Rust’ Set, Sheriff Says (Forbes) 

Criminal Charges ‘On The Table’ In Fatal Alec Baldwin Movie Shooting, District Attorney Says (Forbes) 

‘Rust’ Assistant Director Who Handed Alec Baldwin Gun Was Fired Before Over Gun Issue (Forbes)

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