NEW MEXICO (KRQE) – The FBI’s investigation into the “Rust” movie set shooting is complete and contradicts Alec Baldwin’s claim the prop gun misfired, killing the film’s cinematographer and injuring the director. 

On October 21 Alec Baldwin’s prop gun discharged on the New Mexico film set of “Rust” near Santa Fe killing cinematographer Halyna Hutchins. Baldwin told police, “They arm me and you’re assuming that every time it’s a cold gun for the rehearsal.”

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Baldwin says the prop gun misfired. “I take the gun out and as it clears, the barrel clears the holster, I turn and cock the gun. The gun goes off.” But according to the FBI forensic report the gun used on set could not have been fired without pulling the trigger. 

Accidental discharge testing from the FBI’s report said “with the hammer in the quarter- and half-cock positions, the gun “could not be made to fire without a pull of the trigger and with the hammer fully cocked, the gun “could not be made to fire without a pull of the trigger while the working internal components were intact and functional.”

The fatal shot also wounded director Joel Souza who spoke with police in the hospital after the incident. He told them, “I believe the armorer will keep the gun what they call clean or cold, when they hand it over for rehearsal meaning they show it to the actor, they show it to the first AD, and they all agree there are no rounds in it.”

A new report from the Office of the Medical Investigator also concluded “the .45 revolver functioned normally when tested.” But detectives found live rounds stored on set and it was a live round in the prop gun that killed Hutchins. When detectives asked why there would be live ammo on the set, the armorer Hannah Gutierrez-Reed told them, “I have no idea. at this point it seems like these were mixed in.” 

The OMI report says there’s no compelling evidence that the firearm was intentionally loaded with live ammunition on the set. Since the forensic report has been completed the FBI handed the case over to the Santa Fe County Sheriff’s office.

The Santa Fe Sheriff’s office says it’s still waiting to inspect Baldwin’s phone records, which the District Attorney and police in New York state are still trying to obtain. Once that data is reviewed the sheriff’s office will send the case file to the DA to decide if there should be charges for Baldwin or any other crew members.