Alec Baldwin lawyer's claim that 'Rust' gun used to kill Halyna Hutchins was destroyed by state dismissed by DA

Alec Baldwin lawyer's claim that 'Rust' gun used to kill Halyna Hutchins was destroyed by state dismissed by DA
Alec Baldwin accidentally fatally shot Halyna Hutchins in October 2021 while filming 'Rust' (Mike Coppola/Getty Images for 2022 Robert F. Kennedy Human Rights Ripple of Hope Gala and Halyna Hutchins/Instagram)

SANTA FE, NEW MEXICO: Alec Baldwin's attorney has said that the gun used by the actor to fatally shoot cinematographer Halyna Hutchins was destroyed by New Mexico's state government. Alex Spiro made the shocking claims during a hearing conducted virtually by the court on Thursday, March 9.


Baldwin faces one count of involuntary manslaughter, a fourth-degree felony that carries a sentence of 18 months behind bars. These were the new charges after prosecutors removed what is called a firearm enhancement, which is a part of the criminal code that extends prison sentences in cases where firearms are involved in a crime. 


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The firearm was 'destroyed by the state'

"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," Alex Spiro said. "So that's obviously an issue." While prosecutors did not respond to or refute the claim,


Heather Brewer, spokesperson for New Mexico First Judicial District Attorney's office, went on to deny the allegation. "The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state," Brewer said, according to the Daily Mail. "The gun is in evidence and is available for the defense to review."

"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," she added. "However, the gun still exists and can be used as evidence." Spiro also said during the hearing that he would like to see "what's left of" the firearm, if anything is there at all. 


The accidental shooting of Halyna Hutchins

Baldwin accidentally fatally shot Hutchins in October 2021 while filming 'Rust' on the outskirts of Santa Fe. Months after the tragedy, both Baldwin and Hannah Gutierrez-Reed, who was in charge of the weapons onset, were charged with involuntary manslaughter. Under the terms that the judge has set, Baldwin must not drink alcohol or possess firearms. He is required to stay in touch with his attorney but there is no restriction on his travel.

Reportedly, hours before the tragedy, the film crew had walked out of the set after firearms were accidentally discharged three times. This once even happened by Baldwin's stunt double, who had apparently been told that the firearm was not loaded. Firearms were accidentally discharged two other times in a closed cabin. Assistant director Dave Halls reportedly handed over the gun to Baldwin, unaware that it was loaded and instead claiming that it was safe to be used. Seconds later, the prop gun killed Hutchins. 

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 DA denies Alec Baldwin lawyer's claim that gun used to kill Halyna Hutchins was destroyed by state