Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

How does a gun shoot without pulling the trigger? Here’s what Baldwin’s defense is saying

Baldwin defense team argues that even if actor did pull trigger, he’s still not guilty

Josh Marcus
San Francisco
Friday 12 July 2024 14:12 BST
Comments
Trial Of Alec Baldwin Rust Shooting

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

As the first week of Alec Baldwin’s involuntary manslaughter trial in New Mexico comes to a close, the actor’s defense is hoping to make a tricky argument stick with the jury.

The 30 Rock and Saturday Night Live star has claimed he did not pull the trigger on a gun that went off on the set of the film Rust, killing cinematographer Halyna Hutchins, but his lawyers argue that even if the actor did, he still wouldn’t be guilty because he had no reason to think he was using live rounds.

“On a movie set, you’re allowed to pull the trigger,” his attorney Alex Spiro said in opening statements. “Even if he intentionally pulled the trigger… that doesn’t make him guilty of homicide.”

“He did not know, or have any reason to know, that the gun was loaded with a live bullet,” he added. “That’s the key. That live bullet is the key. That is the lethal element.”

The lawyer also claimed the weapon had a “hair trigger” and that the owner’s manual suggests the gun can fire accidentally if loaded with a live primer.

In a 2021 interview with ABC News, the actor was adamant the gun went off on its own.

Alec Baldwin attends his manslaughter trial for the 2021 fatal shooting of cinematographer Halyna Hutchins during filming of the Western movie ‘Rust’, in Santa Fe, New Mexico on Thursday, July 11, 2024
Alec Baldwin attends his manslaughter trial for the 2021 fatal shooting of cinematographer Halyna Hutchins during filming of the Western movie ‘Rust’, in Santa Fe, New Mexico on Thursday, July 11, 2024 (AP)

“The trigger wasn’t pulled. I didn’t pull the trigger,” he said, claiming, "Someone put a live bullet in a gun, a bullet that wasn’t even supposed to be on the property.”

Three years later, the prosecution in the case is seeking to make the case in the Santa Fe courtroom that Baldwin did fire the gun on the set of the Western film.

“The evidence will show… this gun functioned and worked just fine,” special prosecutor Erlinda Johnson said.

Prosecutors have also painted Baldwin as recklessly playing with weapons on set.

A still from a video clip played in court shows actor Alec Baldwin during Hannah Gutierrez-Reed's involuntary manslaughter trial at the First Judicial District Courthouse in Santa Fe, New Mexico on February, 29, 2024
A still from a video clip played in court shows actor Alec Baldwin during Hannah Gutierrez-Reed's involuntary manslaughter trial at the First Judicial District Courthouse in Santa Fe, New Mexico on February, 29, 2024 (POOL/AFP via Getty Images)

“You will see him using this gun as a pointer to point at people, point at things,” Johnson said during opening statements. “You will see him cock the hammer when he is not supposed to cock the hammer, you will see him put his finger on the trigger when his finger’s not supposed to be on the trigger.”

During testimony on Thursday, Alessandro Pietta, whose company manufactures the replica gun used in the film, said it’s not possible for the pistol to fire without an intentional trigger pull.

“This gun cannot fire without pulling the trigger because of the mechanics and design of the trigger was made to work in this way,” Pieta said, describing quality checks by US and Italian authorities on the weapon.

The case may hinge on which interpretation of the gun’s technical specifications prevails.

Spiro has argued that Baldwin wasn’t given the chance to test the pistol for evidence in its original form, due to damage sustained as the FBI tested the weapon.

Set armorer Hannah Gutierrez-Reed has already been convicted in the shooting and sentenced to 18 months in prison.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in