Alec Baldwin shooting: Rust assistant director was not responsible for checking gun, attorney says

David Halls’ attorney defends him hours after he broke his silence on the shooting that killed cinematographer Halyna Hutchins

Alec Baldwin and Halyna Hutchins on the set of Rust in the last known photograph before she was killed (Serge Svetnoy)

The Rust assistant director who handed Alec Baldwin the gun that killed cinematographer Halyna Hutchins was not responsible for checking to see if it was loaded, his attorney says.

David Halls acknowledged to police that he did not inspect the firearm to ensure all the rounds in the barrel were fake bullets prior to passing it to Mr Baldwin seconds before the 21 October on-set shooting, according to an affidavit.

According to his attorney, Lisa Torraco, Mr Halls was not obligated to check the gun at all.

"That’s not the assistant director’s job. If he chooses to check the firearm because he wants to make sure that everyone’s safe, he can do that, but that’s not his responsibility,” Ms Torraco told Fox News on Monday.

“Expecting an assistant director to check a firearm is like telling the assistant director to check the camera angle or telling the assistant director to check sound or lighting.”

Ms Torraco’s remarks came hours after Mr Halls broke his silence about the shooting to demand changes to safety on film sets.

“Halyna Hutchins was not just one of the most talented people I’ve worked with, but also a friend. I’m shocked and saddened by her death,” he said in a statement obtained by the New York Post.

“It’s my hope that this tragedy prompts the industry to reevaluate its values and practices to ensure no one is harmed through the creative process again.”

Police identified Mr Halls as one of four people who touched the firearm that Mr Baldwin accidentally discharged on set, killing Ms Hutchins and wounding director Joel Souza.

Witnesses said Mr Halls shouted “cold gun” as he gave the gun to Mr Baldwin, indicating that it did not have any ammunition. However, the affidavit filed in Santa Fe County Magistrate Court last week revealed he did not remember if he’d checked the gun barrel.

He said that when Rust armourer Hannah Gutierrez-Reed “showed him” the gun later used by Mr Baldwin “before continuing rehearsal, he could only remember seeing three rounds”, a detective wrote in the affidavit.

Mr Halls “advised he should have checked all of them, but didn’t and couldn’t recall” if Ms Gutierrez-Reed “spun the drum”, the detective wrote.

Asked about safety procedures regarding guns, Mr Halls said: “I check the barrel for obstructions, most of the time there’s no live fire.”

He added that Ms Gutierrez-Reed “opens the hatch and spins the drum, and I say ‘cold gun’ on set.”

Santa Fe County Sheriff Adan Mendoza said during a press conference last week that the prop gun was a .45 Long Colt with a live round in the drum. He said a “lead projectile” appeared to have passed through Ms Hutchins before it was embedded in the shoulder of Mr Souza.

Investigators are still working to determine how the live round ended up on set and who placed it in the firearm.

In a statement via her attorneys, Ms Gutierrez-Reed suggested that the Rust producers, including Mr Baldwin, are responsible for the “unsafe” set and claimed her repeated requests for more training and safety meetings were ignored.