Listen Live

An attorney for actor Alec Baldwin claimed during a hearing Thursday that the gun that was being used on the set of “Rust” when cinematographer Halyna Hutchins was shot and killed was “destroyed by the state,” according to People.

>> Read more trending news

Attorney Alex Spiro, who appeared on the actor’s behalf in a court status update meeting, said the New Mexico government had destroyed the firearm.

“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,” he shared. “So that’s obviously an issue. We’re going to have to see that firearm or what’s left of it.”

However, the state says Spiro has it wrong.

New Mexico First Judicial District Attorney spokesperson Heather Brewer told People in a statement, “The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state. 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. However, the gun still exists and can be used as evidence,” the statement read.

Baldwin was charged with involuntary manslaughter in Hutchins’ death. The cinematographer was shot and killed in October 2021 during the rehearsal of a scene for the movie when a live round was discharged from a revolver Baldwin was using as a prop.

The film’s director, Joel Souza, was also injured in the shooting.

Baldwin entered a plea of not guilty last month. The former armorer for the movie, Hanna Gutierrez-Reed, was also charged in the shooting.

The status hearing ended with the defense and prosecution deciding on key dates and deadlines in the cases, according to KOAT-TV.

Here are the dates set by the court:

  • March 27: Both the prosecution and the defense will argue which pieces of evidence will be disqualified in the Baldwin and Gutierrez-Reed trials.
  • April 17: The list of planned witnesses will be due.
  • May 3-17: The start of the trial. The trial is expected to last two weeks.