Alec Baldwin's attorney says the state destroyed the gun used in the deadly "Rust" movie-set shooting. Authorities, however, say that's not the case.
The news came during a status hearing in the criminal case against actor-producer Baldwin and the film's armorer Hannah Gutierrez-Reed, both charged with involuntary manslaughter, ABC News reported.
Baldwin, 64, was holding the prop gun during a rehearsal on the set of the Western movie on Oct. 21, 2021 when the weapon discharged, killing cinematographer Halyna Hutchins, 42, and wounding director Joel Souza, 49. The actor claims he did not know the gun had been loaded with live ammunition.
During a status conference on Thursday, an attorney for Baldwin told the court the firearm at the center of the case "was destroyed by the state."
"That's obviously an issue, and we're going to have to see that firearm, or what's left of it," attorney Alex Spiro said, per ABC.
Following the hearing, New Mexico's First Judicial District Attorney's office firmly refuted the claim. In a statement to multiple news outlets, spokesperson Heather Brewer said the gun was turned over to the FBI as part of the investigation.
"The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state. The gun is in evidence and is available for the defense to review," Brewer said.
"The defense'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," Brewer added. "However, the gun still exists and can be used as evidence."
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