Alec Baldwin’s lawyers say authorities destroyed gun in ‘Rust’ movie set shooting

Alec Baldwin’s lawyers said Thursday that New Mexico authorities destroyed the firearm that killed cinematographer Halyna Hutchins on set of the movie “Rust.”

“The court, I don’t think is aware of this point, but I think I should tell the court that the firearm in this case … was destroyed by the state,” Alex Spiro, one of Baldwin’s lawyers, said during a hearing Thursday. “That’s obviously an issue and we’re going to need to see that firearm, or what’s left of it.”

Prosecutors didn’t respond to Spiro’s assertion during the hearing. They didn’t immediately respond to CNBC’s request for comment.

Lawyers for Baldwin, a producer of “Rust,” and the film’s original armorer, Hannah Gutierrez-Reed, appeared virtually at the Thursday status hearing. The defendants are charged with two different types of involuntary manslaughter following the October 2021 fatal shooting of Halyna Hutchins on set of “Rust” filming. Both counts carry a maximum possible sentence of 18 months in prison. A jury will decide which of the two counts, if any, to convict on.

The prosecution has faced pressure for some mistakes it’s made since launching the criminal case just over a month ago. For example, the potential 18-month prison sentence is a lower penalty than Baldwin was initially up against.

Reeb had originally mischarged Baldwin with a firearm enhancement that would add five more years to his sentence if convicted. Reeb admitted in emails to Baldwin’s lawyers that she had incorrectly applied that law, which was not in effect at the time of the shooting.

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