Warrant: Baldwin didn't know weapon contained live round
This photo provided by Adam Egypt Mortimer shows cinematographer Halyna Hutchins on the set of "Archenemy" in January 2020 in Los Angeles. Hutchins was fatally shot by Alec Baldwin Thursday on the New Mexico set of the western film "Rust." Authorities continue to investigate the shooting but there are no allegations of wrongdoing by Baldwin. (Adam Egypt Mortimer via AP)
By MORGAN LEE and WALTER BERRY
SANTA FE, N.M. — An assistant director unwittingly handed Alec Baldwin a loaded weapon and told him it was safe to use in the moments before the actor fatally shot a cinematographer, court records released Friday show.
“Cold gun,” the assistant director announced, according to a search warrant filed in a Santa Fe court.
Instead, the gun was loaded with live rounds, and when Baldwin pulled the trigger Thursday on the set of a Western, he killed cinematographer Halyna Hutchins. Director Joel Souza, who was standing behind her, was wounded, the records said.
The Santa Fe County Sheriff's Office obtained the warrant Friday so investigators could document the scene at the ranch outside Santa Fe where the shooting took place. They sought Baldwin’s blood-stained costume for the film “Rust” as evidence, as well as the weapon that was fired, other prop guns and ammunition, and any footage that might exist.
According to the records, the gun was one of three that the film's armorer, Hannah Gutierrez, had set on a cart outside the wooden structure where a scene was being acted. Assistant director Dave Halls grabbed the gun from the cart and brought it inside to Baldwin, unaware that it was loaded with live rounds, a detective wrote in the search warrant application.
Halls did not immediately return phone and email messages seeking comment. The Associated Press was unable to contact Gutierrez, and several messages sent to production companies affiliated with the film were not immediately returned Friday.
Earlier in the day, Baldwin described the killing as a “tragic accident." He was performing at the time of the shooting, the sheriff's office said. It was unclear how many rounds were fired, and little was known about the weapon.
“There are no words to convey my shock and sadness regarding the tragic accident that took the life of Halyna Hutchins, a wife, mother and deeply admired colleague of ours. I’m fully cooperating with the police investigation,” Baldwin wrote on Twitter. “My heart is broken for her husband, their son, and all who knew and loved Halyna.”
No immediate charges were filed, and sheriff’s spokesman Juan Rios said Baldwin was permitted to travel.
“He’s a free man,” Rios said.
Images of the 63-year-old actor — known for his roles in “30 Rock” and “The Hunt for Red October” and his impression of former President Donald Trump on “Saturday Night Live” — showed him distraught outside the sheriff’s office on Thursday.
Guns used in making movies are sometimes real weapons that can fire either bullets or blanks, which are gunpowder charges that produce a flash and a bang but no deadly projectile. Even blanks can eject hot gases and paper or plastic wadding from the barrel that can be lethal at close range. That proved to be the case in the death of an actor in 1984.
In another on-set accident in 1993, the actor Brandon Lee was killed after a bullet was left in a prop gun, and similar shootings have occurred involving stage weapons that were loaded with live rounds.
Gun-safety protocol on sets in the United States has improved since then, said Steven Hall, a veteran director of photography in Britain. But he said one of the riskiest positions to be in is behind the camera because that person is in the line of fire in scenes where an actor appears to point a gun at the audience.
Sheriff’s deputies responded about 2 p.m. to the movie set at the Bonanza Creek Ranch after 911 calls described a person being shot there, Rios said. The ranch has been used in dozens of films, including the recent Tom Hanks Western “News of the World.”
Hutchins, 42, worked as director of photography on the 2020 action film “Archenemy” starring Joe Manganiello. She was a 2015 graduate of the American Film Institute and was named a “rising star” by American Cinematographer in 2019.
“I’m so sad about losing Halyna. And so infuriated that this could happen on a set,” said “Archenemy” director Adam Egypt Mortimer on Twitter. “She was a brilliant talent who was absolutely committed to art and to film.”
Manganiello called Hutchins “an incredible talent” and “a great person” on his Instagram account. He said he was lucky to have worked with her.
After the shooting, production was halted on “Rust.” The movie is about a 13-year-old boy who is left to fend for himself and his younger brother following the death of their parents in 1880s Kansas, according to the Internet Movie Database website. The teen goes on the run with his long-estranged grandfather (played by Baldwin) after the boy is sentenced to hang for the accidental killing of a local rancher.
Lee, son of martial arts star Bruce Lee, died in 1993 after being hit by a .44-caliber slug while filming a death scene for the movie “The Crow.” The gun was supposed to have fired a blank, but an autopsy turned up a bullet lodged near his spine.
In 1984, actor Jon-Erik Hexum died after shooting himself in the head with a prop gun blank while pretending to play Russian roulette with a .44 Magnum on the set of the television series “Cover Up.”
Such shootings have also happened during historical reenactments. In 2015, an actor staging a historical gunfight in Tombstone, Arizona, was shot and wounded with a live round during a show that was supposed to use blanks.
In Hill City, South Dakota, a tourist town that recreates an Old West experience, three spectators were wounded in 2011 when a re-enactor fired real bullets instead of blanks.
Berry reported from Phoenix. Associated Press writers Jake Coyle and Jocelyn Noveck in New York, Lizzie Knight in London, Yuras Karmanau in Kyiv, Ukraine, and Ryan Pearson in Los Angeles contributed to this report.