In a recent court filing, Alec Baldwin's lawyer writes: "While the cast and crew were rehearsing a scene for the Western film 'Rust,' a firearm held by Mr. Baldwin discharged a live round that hit Ms. Hutchins and director Joel Souza."
Alec Baldwin continues to claim that he never fired the gun carrying the bullet that killed cinematographer Halyna Hutchins on the set of his film "Rust."
The actor is facing up to 5 years in prison after being charged with involuntary manslaughter but maintains that he never once fired the gun he had during the scene in question.
In a recent court filing, Baldwin's lawyer writes: "While the cast and crew were rehearsing a scene for the Western film "Rust," a firearm held by Mr. Baldwin discharged a live round that hit Ms. Hutchins and director Joel Souza."
Baldwin first made this claim in an interview on "Good Morning America" shortly after the tragic incident, and then repeated it on various other talk shows and in interviews.
The actor had not repeated this claim, however, in the wake of the FBI crime lab concluding that the fatal bullet exited the gun because someone pulled the trigger, until now.
ALEC BALDWIN NOTICE OF UNLAWFUL ENHACEMENT
"As part of that examination/analysis, the FBI conducted a function/malfunction check of the revolver. This involved trying to get the weapon to fire without the trigger being depressed; i.e, striking the hammer at various, multiple angles against a solid object, and striking the hammer of the revolver with an actual hammer/mallet," the prosecutor writes in the probable cause affidavit. "The revolver did not malfunction, ( i.e. fire, when it should not/accidentally). This analysis clearly showed that the weapon cannot accidentally fire; for the weapon to fire, the trigger had to have been depressed/press."
The prosecution also claims in that same document to have photos from set that day which show Baldwin with "his finger on the trigger" and "manipulating the hammer."
Assistant director David Halls, the man who allegedly handed Baldwin the gun, signed a plea agreement and has been charged with negligent use of a deadly weapon.
Hall received a suspended sentence and six months of probation, a member of the DA's office told Inside Edition Digital earlier this month. When asked if he might testify against Baldwin, the office declined to comment.
ALEC BALDWIN PROBABLE CAUSE AFFIDAVIT
Baldwin and the film's armorer, Hannah Gutierrez-Reed, are “charged in the alternative," which means that the jurors selected for their trial will first determine which manslaughter charge each should face and then vote on their guilt or innocence.
The penalty if convicted of this crime with a firearm is a mandatory jail sentence of five years.
An attorney for Baldwin previously told Inside Edition Digital that he and his client will fight these charges.
"This decision distorts Halyna Hutchins’ tragic death and represents a terrible miscarriage of justice. Mr. Baldwin had no reason to believe there was a live bullet in the gun - or anywhere on the movie set," said Luke Nikas.
“He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win.”
It was announced this week that Baldwin will resume filming on the project despite his ongoing legal troubles.
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