'Rust' Asst. Director's Attorney Says He's Not Responsible For Checking Gun

An attorney representing Rust assistant director David Halls said his client was not responsible for checking the live gun fired by Alec Baldwin during an accidental shooting that killed director of photography, Halyna Hutchins, 42, and injured director, Joel Souza, 48, on-set last month, despite Halls previously telling investigators he should have checked all the rounds before deeming the weapon a "cold gun."

"He's not responsible for checking it," attorney Lisa Torraco said in an interview with FOX News on Monday via CNN. "That's not the assistant director's job. If he chooses to check the firearm because he wants to make sure that everyone's safe, he can do that, but that's not his responsibility."

A search warrant filed by a detective last week states that Halls acknowledged that he should have checked all the rounds loaded in the weapon and "couldn't recall if he spun the drum" while recanting the events that took place prior to and during the Rust shooting on October 21.

"David advised the incident was not a deliberate act," the detective wrote in the warrant, according to CNN.

Halls provided his first public statement regarding Hutchin's death on Monday (November 1) via the New York Post.

“Halyna Hutchins was not just one of the most talented people I’ve worked with, but also a friend,” Halls said “I’m shocked and saddened by her death. It’s my hope that this tragedy prompts the industry to reevaluate its values and practices to ensure no one is harmed through the creative process again.”

According to the warrant filed last week, Baldwin was preparing for the upcoming scene inside a church prior to cameras rolling to make sure camera crews captured him drawing the weapon at proper angles.

“So, I guess I’m gonna take this out, pull it and go, ‘Bang!’” Baldwin said as he held the weapon he was contained no gunpowder and was a "cold gun."

Instead, a lead bullet flew out of weapon and struck Hutchins, who stumbled back and fell into the arms of the film's head electrition.

The bullet traveled through Hutchins' body and into the the shoulder of Souza, who was standing behind her at the time.

“What the f— was that? That burns!” Souza screamed, according to the warrant obtained by the Los Angeles Times.

Baldwin reportedly placed his gun down on a church pew and repeated Souza's question in horror as Hutchins' blood poured from her chest.

An individual yelled, "Medic!" as various crew members hundled around Hutchins.

"Oh, that was no good," the sound guy said.

"No," Hutchins said. "That was no good. That was no good at all."

The 42-year-old director of photography was pronounced dead hours later.

Last Saturday (October 30), TMZ shared a video of Baldwin -- alongside his wife Hilaria --addressing paparazzi in Manchester, Vermont -- where his family is currently staying -- about the accidental shooting for the first time on camera.

"I'm not allowed to make any comments because it's an ongoing investigation," Baldwin said via TMZ. "I've been ordered by the Sheriff's Department in Santa Fe. I can't answer any questions about the investigation. I can't."

"It's an active investigation in terms of a woman dying. She was my friend. She was my friend. The day I arrived in Sante Fe and started shooting I took her to dinner with Joel the director...we were a very very well-oiled crew shooting a film together and this horrible event happened.

"Now, I've been told multiple times, 'Don't make any comments about the ongoing investigation,' and I can't. I can't. I can't."

Baldwin confirmed he has met with Hutchins' family since the accident took place and described her husband as being "overwhelmed with grief" following the on-set accident that he said was "a one in a trillion event."

Hutchins was airlifted to the University of New Mexico Hospital in Albuquerque, where she was pronounced dead.

Souza was reportedly transported via ambulance to a local hopsital and received emergency care, authorties confirmed.

A witness told Showbiz 411 that Baldwin, 63, was immediately taken to a hospital after the shooting and "had no idea how badly they were hurt or Halyna was dead."

The Santa Fe New Mexican reported Baldwin was seen Thursday while speaking on the phone outside the Santa Fe County Sheriff's Office.

No charges have been filed in relation to the shooting, but authorities confirmed it remains under an active investigation.

“We’re treating this as we would any other investigation,” Sheriff's Office spokesman Juan Rios said via NBC News, adding that deputies were still determining whether the shooting was accidental.

Baldwin is one of the film's stars and also serves as a producer.

Last Friday (October 29), the armorer for the film Rust said she has "no idea" where live ammunition came from prior to an accidental fatal shooting on-set.

Hannah Gutierrez-Reed "is devastated and completely beside herself over the events that have transpired," according to a statement from her attorney obtained by NBC News.

The accident is currently under investigation by authorities in New Mexico, but no charges have been filed as of Friday (October 29) morning.

"Safety is Hannah's number one priority on set. Ultimately this set would never have been compromised if live ammo were not introduced. Hannah has no idea where the live rounds came from," the statement from Gutierrez-Reed's attorneys, Jason Bowles and Robert Gorence, stated.

Court documents obtained by NBC News state that assistant director David Halls yelled "cold gun" to indicate the weapon didn't have live rounds as was intended as it was given to Baldwin prior to the accidental shooting.

Halls told authorities he should have checked the gun more thoroughly after noticing a difference in ammunition rounds, admitting that he didn't check each individual round of ammunition before handing it back to Guitierrez-Reed.

The rookie armorer's attorneys said the guns were locked up at night and Gutierrez-Reed attempted to get more training while on the set of the film.

"Hannah was hired on two positions on this film, which made it extremely difficult to focus on her job as an armorer," the statement says. "She fought for training, days to maintain weapons and proper time to prepare for gunfire but ultimately was overruled by production and her department. The whole production set became unsafe due to various factors, including lack of safety meetings."

Earlier this week, a crew member told TheWrap.com that Gutierrez-Reed's "dangerous" gun handling upset actor Nicolas Cage on the set of the western film The Old Way, two months prior to the accidental Rust shooting.

Brumbaugh said the 24-year-old failed to follow basic gun safety protocols, discharged a weapon multiple times on-set without warning, which caused Cage to scream at her and storm off set.

"Make an announcement, you just blew my f*****g eardrums out," Cage said, according to Brumbaugh.

Gutierrez-Reed also reportedly walked onto the set of The Old Way with live rounds of blanks without announcing it to her colleagues, as well as tucking weapons under her armpits, which would then be pointed up at others when she turned her back to them, according to Brumbaugh.

Brumbaugh told Gutierrez-Reed that she should be fired for her actions and the 24-year-old responded by revealing The Old Way was her first film.

An unidentified source, however, contested Brumbaugh's account of Gutierrez-Reed's negligence on the set of The Old Way.

"I have no such recollection of this event on our set. I asked my partners the same," the producer said. "The details on some of these accounts specifically when it pertains to 'The Old Way' have been blown out of proportion."