Independent forensics report: Alec Baldwin had to have pulled trigger on 'Rust' set

Aug. 16 (UPI) -- An independent forensics report states actor Alec Baldwin had to have pulled the trigger on the set of his film Rust and that the gun fired normally and did not malfunction.

The report was conducted by Lucien C. Haag, a firearms examiner with the company Forensic Science Services, and prepared for special prosecutors Kari T. Morrissey and Jason J. Lewis.

It was included in a filing made Tuesday by attorneys for Hannah Gutierrez Reed, the 26-year-old armorer on the film set charged with evidence tampering and involuntary manslaughter.

Gutierrez Reed pleaded not guilty to her charges relating to the shooting death of the film's cinematographer, Halyna Hutchins. The film's director, Joel Souza, was also injured in the 2021 incident.

Baldwin was charged with involuntary manslaughter, but his charges were dropped in April after prosecutors said evidence showed the gun had been modified in a way that would make it easier for the firearm to accidentally discharge.

The findings of the report suggest that charges against Baldwin, 65, could be refiled, according to an analysis of the new findings by reporters for NBC News.

"Charges against Mr. Baldwin are being considered but a final decision has not yet been made. We won't be pressured by Ms. Gutierrez's attorneys or anyone else in this regard," special prosecutor Kari Morrissey told NBC News on Wednesday.

The Haag report itself does not suggest that charges against Baldwin could be refiled but lawyers for Gutierrez Reed in the court filings Tuesday said that Baldwin pointing the gun at Hutchins and pulling the trigger are "intervening causes," which could absolve the armorer of liability.

"Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver," Haag wrote in the report.

"From an examination of the fired cartridge case and the operationally restored evidence revolver, this fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger."

The filing included frames of Baldwin on set in costume for the Western while holding the prop gun. Haag noted that Baldwin's fingers could be seen on or near the trigger in the stills.