The office of the First Judicial District Attorney in New Mexico is pushing back against a claim from Alec Baldwin's attorney that the state has already destroyed the gun used in last year's deadly shooting on the "Rust" movie set — in which Baldwin allegedly fired a prop gun at cinematographer Halyna Hutchins.
In an interview with Fox News Digital, Heather Brewer, a spokesperson for the First Judicial District Court, rebutted the Baldwin camp's allegation of the "Rust" gun in question, saying it has "not been destroyed by the state."
Brewer continued: "The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state. The gun is in evidence and is available for the defense to review.
"The defense's unexpected statement in the status hearing today that the gun had been destroyed by the state may be a reference to a statement in the FBI's July 2022 firearms testing report that said damage was done to internal components of the gun during the FBI's functionality testing," added Brewer. "However, the gun still exists and can be used as evidence."
Baldwin previously pleaded not guilty to two counts of involuntary manslaughter in the death of Hutchins, 42. He was charged in January, more than a year after the fatal shooting on the "Rust" film set.
The film's armorer, Hannah Gutierrez-Reed, is also part of the court case surrounding Hutchins' death.
Last month, prosecutors downgraded certain charges against Baldwin and Gutierrez-Reed, rescinding a firearm enhancement penalty from the former and involuntary manslaughter charges from the latter.
Regarding Baldwin, the enhancement charge would have carried a five-year minimum sentence.
If convicted, the fourth-degree felony charge is punishable by up to 18 months in jail and up to a $5,000 fine.
As Newsmax reported last April, the Santa Fe County Sheriff's Office released footage of the deadly incident, showing Baldwin with the gun while rehearsing with what appeared to be live ammunition.
The videos, which were released along with dozens of photographs, also included footage of Baldwin drawing a revolver and pointing it toward the camera twice.
According to KQRE-TV in New Mexico, an FBI forensic investigation concluded the gun on the "Rust" set could not have been fired without pulling the trigger.
The videos also provided body-camera footage from sheriff's deputies showing emergency responders arriving at the scene and treating Hutchins and the film's director, Joel Souza, who was also wounded in the incident.
The preliminary hearing for Baldwin and Gutierrez-Reed will begin May 3.
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