Alec Baldwin’s lawyer hits back at FBI as medical investigator decides to shoot ‘accident’

The fatal shooting of a cinematographer by actor Alec Baldwin last year was an accident, according to a report from the New Mexico Office of the Medical Investigator.

The report prompted a fierce response from Baldwin’s lawyer, Luke Nikas, who says this latest report concludes the shooting death of Halyna Hutchins was a “tragic accident”.

She was 42 years old.

The most recent decision was made following an autopsy and a review of law enforcement reports.

An earlier FBI analysis of the revolver Baldwin had in his hand during the rehearsal suggested that it was in working order at the time and would not have discharged unless fully cocked and the trigger was pulled.

The medical investigator’s report was released Monday by the Santa Fe County Sheriff’s Office, along with numerous FBI reports on the gun and ammunition that were recovered after the shooting.

Baldwin bent over in grief after learning that Halyna Hutchins had died from injuries he accidentally caused

Baldwin's attorney, Luke Nikas, pictured here, said of the report:

Baldwin’s attorney, Luke Nikas, pictured here, said of the report: ‘This is the third time New Mexico authorities have found that Alec Baldwin had no authority or knowledge of the allegedly unsafe conditions on the tray”

The actor, pictured with Hutchins and director Joel Souza, also injured Souza in the same incident with the .45 Colt

The actor, pictured with Hutchins and director Joel Souza, also injured Souza in the same incident with the .45 Colt

Following the medical investigator’s report, Luke Nikas said FoxNews: “The critical report is that of the medical examiner, who concluded that it was a tragic accident.”

The attorney continued, “This is the third time New Mexico authorities have found that Alec Baldwin had no authority or knowledge of the allegedly unsafe conditions on set, that the person in charge of security on set Plateau told him the gun was “cold” and believed the weapon was safe.

Nikas continued, “The FBI report is being misinterpreted. The gun only fired once in testing—without having to pull the trigger—when the hammer was pulled and the gun broke in two different places.

He continued, “The FBI was unable to fire the gun in a pre-test, even when pulling the trigger, because it was in such poor condition.”

Prosecutors have yet to decide whether charges will be brought in the case, saying they will review the latest reports and are awaiting cellphone data from Baldwin’s lawyers.

Baldwin was pointing a gun at cinematographer Hutchins when it exploded Oct. 21, killing Hutchins and injuring director Joel Souza.

They had been inside a small church during setup to film a scene.

A new FBI report claims Baldwin had to pull the trigger to fire the shot that killed cinematographer Halyna Hutchins on the set of Rust last year

A new FBI report claims Baldwin had to pull the trigger to fire the shot that killed cinematographer Halyna Hutchins on the set of Rust last year

Video shows investigators telling the actor that Hutchins, 42, had succumbed to his injuries, with Baldwin instantly saying

Video shows investigators telling the actor that Hutchins, 42, had succumbed to his injuries, with Baldwin instantly saying “no” as he returned to his seat in shock. Baldwin, 64, is seen raising his hand to his mouth as he stares between the two investigators in stunned silence

Baldwin was adamant that sheriff's investigators should question Hannah Gutierrez, pictured, the gunsmith, about the shooting

Baldwin was adamant that sheriff’s investigators should question Hannah Gutierrez, pictured, the gunsmith, about the shooting

Meanwhile, a representative for the film’s gunsmith, Hannah Gutierrez Reed, told Fox that she became a “scapegoat” after the shooting.

The spokesman also said: ‘The recently released FBI report shows that the revolver was in good working order and that Baldwin must have pulled the trigger to fire the revolver, directly contradicting his earlier statements and those of Deputy Director Halls , through his attorney, who also said Baldwin didn’t pull the trigger.

While it’s too early to tell what weight the medical investigator’s report will have on the district attorney’s office, Baldwin’s legal team suggested it was further evidence that the shooting was “a tragic accident “and that he should not face criminal charges.

‘This is the third time that New Mexico authorities have discovered that Alec Baldwin had no authority or knowledge of the allegedly dangerous conditions on set, that the person in charge of security on set had told him that the weapon was ‘cold’, “and believed the weapon was safe,” attorney Luke Nikas said in a statement.

Baldwin said in a December interview with ABC News that he was pointing the gun at Hutchins on his instructions on the set of the Western movie “Rust” when it went off after cocking him. He said he didn’t pull the trigger.

Baldwin, who was also the film's producer

Baldwin, who was also a producer on the movie ‘Rust,’ previously said the gun shouldn’t have been loaded for rehearsal

With the hammer in the fully cocked position, the FBI report stated that the weapon could not fire without pulling the trigger as long as the working internals were intact and functional.

During FBI testing of the weapon, authorities said, parts of the trigger and cylinder stop fractured as the hammer was struck.

This allowed the hammer to fall and the firing pin to detonate the primer.

“This was the only successful discharge during these tests and was attributed to fracture of internal components, not failure of the firearm or safety mechanisms,” the report said.

The FBI report does not specify how many times the hammer of the revolver may have been struck during testing.

Baldwin, who was also a producer on the movie “Rust,” previously said the gun shouldn’t have been loaded for rehearsal.

Among the ammunition seized at the shooting site were live ammunition found on a cart and in the case that was in the building where the shooting occurred. Blank and dummy cartridges were also found.

The New Mexico Office of Occupational Health and Safety, in a scathing report released in April, detailed a story of safety failures in violation of standard industry protocols, including testimony that managers production took limited or no action to remedy two misfires on set before the fatal shoot.

The office also documented gun safety complaints from crew members that went unheeded and said weapons specialists were not authorized to make decisions about additional safety training.

In concluding that the shooting was an accident, the New Mexico Office of the Medical Investigator noted “no obvious intent to cause harm or death” and said there was “no no convincing demonstration” that the revolver had been intentionally loaded with live ammunition. on the tray.

Jon J. Epps