Alec Baldwin shooting: Key questions left unanswered after press conference on Rust tragedy

Nearly a week on from the fatal shooting on the Rust set, several major questions remain unresolved

Nearly a week after the fatal shooting on the set of the film Rust, several key questions remain unanswered, including who loaded Alec Baldwin’s gun, who could face charges over the incident, and what changes it could prompt in the movie industry.

Mr Baldwin was rehearsing a scene for the Western film in New Mexico on 21 October when he discharged a prop gun, killing cinematographer Halyna Hutchins and wounding director Joel Souza.

Santa Fe County Sheriff Adan Mendoza provided an update on the case at a press briefing on Wednesday, revealing that the gun was loaded with a single live round which passed through Ms Hutchins before it lodged into the shoulder of Mr Souza.

Other key details from the briefing included the seizure of about 500 rounds of ammunition from the set, confirmation that the gun was handled by at least two people prior to Baldwin, and that there was no footage of the shooting.

However, a number of questions about the tragedy still have yet to be resolved as the investigation continues.

Who loaded the gun?

At Wednesday’s press conference, Mr Mendoza said two people were known to have handled the gun Mr Baldwin fired before it was passed to him: armourer Hannah Gutierrez-Reed and assistant director David Halls.

The sheriff also confirmed that the gun fired a single live projectile, striking Ms Hutchins and then Mr Souza.

Authorities have not yet said who they believe loaded the gun, however unconfirmed reports claim it had been used for target practice the morning of the shooting.

An insider told The Wrap that crew members took several prop guns from the set – including that which killed Ms Hutchins – to go shoot at beer cans with live ammunition hours before the accident.

As lead armourer, it was Ms Gutierrez-Reed’s job to oversee all firearms on the set, while Mr Halls was responsible for checking the gun before handing it over to Mr Baldwin.

An affidavit filed in court over the weekend said Mr Halls yelled out “cold gun” when he gave it to Mr Baldwin, meaning that it did not have any live rounds.

But another affidavit filed Wednesday revealed Mr Halls told police he did not check all the rounds in the gun barrel prior to giving it to Mr Baldwin.

Mr Halls told police that when Ms Gutierrez-Reed “showed him” the gun “before continuing rehearsal, he could only remember seeing three rounds”, the affidavit shows.

The assistant director “advised he should have checked all of them, but didn’t and couldn’t recall” if Ms Gutierrez-Reed “spun the drum” the document stated.

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

How many live rounds were on set and how did they get there?

Mr Mendoza on Wednesday said investigators had seized about 500 rounds of ammunition from the Rust set – including the single live round that killed Ms Hutchins.

However, the sheriff refused to speculate about how many of those rounds were live or how they got onto the set.

“This investigation is active, so I won’t comment on how they got there, but we suspect that they are there,” he said. “That will be determined when testing is done by the crime lab in reference to whether or not they are officially live rounds or not.”

He later added: “We know there was one live round, as far as we’re concerned, on set. We’re going to determine whether we suspect that there were other live rounds, but that’s up to the testing.

“But right now, we’re going to determine how those got there, why they were there, because they shouldn’t have been there.”

Mr Mendoza did not offer specifics about the ammunition recovered, but a court affidavit said it included two boxes of “ammo”, “loose ammo and boxes”, a “fanny pack w/ammo”, and several spent casings.

Will there be criminal charges?

Mr Mendoza refused to rule out the possibility of multiple charges in the shooting at the press conference, saying it was still “too early” in the investigation.

“The investigation will continue, and if the sheriff’s office determines during our investigation a crime has occurred and probable cause exists, an arrest or arrests will be made and charges will be filed,” he said.

Asked about the possibility that Mr Baldwin will face charges, Mr Mendoza said “No one has been ruled out” and noted: “He was the person who fired the weapon.”

District Attorney Mary Carmack-Altwies also addressed reporters and said her office is ready to bring charges if the investigation finds sufficient evidence to do so.

“I must emphasise that a complete and thorough investigation is critical to the DA review,” she said. “We take the corroborated facts and evidence and connect it to New Mexico law, and we are not at that juncture yet.”

“If the facts in evidence and law support charges, then I will initiate prosecution at that time. I’m a prosecutor that was elected in part because I do not make rash decisions and I do not rush to judgment,” she added.

Will there be civil action?

Even if no criminal charges are filed in the case, the families of Ms Hutchins and Mr Souza could bring civil action against the Rust producers, including Mr Baldwin.

In addition to Mr Baldwin, a call sheet for the day of the shooting obtained by The Associated Press lists five producers, four executive producers, a line producer and a co-producer. They, as well as assistant director Dave Halls and armorer Hannah Gutierrez, could all face some sort of liability even if they weren’t on location on 21 October.

The payouts — which could be covered in part by insurance held by the production company, Rust Movie Productions — would likely be in the “millions and millions” of dollars, according to the Associated Press.

“There was clearly negligence on the set," said Adam Winkler, a professor at the UCLA School of Law and a gun policy expert. "The producers had a duty to preserve the safety of the crew. There were obvious hazards on the set.”

Christa Ramey, a personal injury attorney who is not involved in the Rust case, discussed potential civil action in an interview with Fox News on Tuesday.

"Baldwin and his production company would be sued for wrongful death, the loss of life for the cinematographer, and personal injury for the director that was injured,” Ms Ramey said.

She said Ms Hutchins’ family, Mr Souza or his family could also claim emotional distress – while witnesses to the shooting likely would not be able to do so.

Ms Ramey said Mr Baldwin could also be held liable for unsafe working conditions if there is evidence that he ignored prior complaints from crew members.

The production of Rust has been beset by disputes from the start in early October and included seven crew members walking off the set just hours before the shooting.

The Los Angeles Times, citing two crew members it did not name, reported that five days before the shooting, Mr Baldwin’s stunt double accidentally fired two live rounds after being told the gun didn’t have any ammunition.

How will film set safety change as a result of this shooting?

Ms Hutchins’ death sparked a flood of calls to bolster safety measures on movie sets – with many critics demanding that live weapons be banned altogether.

One Change.org petition advocating to ban real firearms from sets has garnered nearly 63,000 signatures.

“We need to make sure that this avoidable tragedy never happens again,” filmmaker Bandar Albuliwi, who created the petition, wrote in its description. “There is no excuse for something like this to happen in the 21st century.  Real guns are no longer needed on film production sets.”

A California lawmaker has also said he will propose a law banning live ammunition on movie sets in the wake of the Rust shooting.

“There is an urgent need to address alarming work abuses and safety violations occurring on the set of theatrical productions, including unnecessary high-risk conditions such as the use of live firearms,” State Senator David Cortese said in a statement announcing his planned legislation.

It remains to be seen how successful efforts to overhaul set safety will be.