Yahoo Movies Alec Baldwin Lawyer Claims Rust Gun That Killed Halyna Hutchins Has Been 'Destroyed by the State'
Santa Fe County Sheriff's Office/ZUMA Alec Baldwin on the set of Rust
The gun that fired and killed cinematographer Halyna Hutchins in October 2021 on the set of Rust has been "destroyed by the state," a lawyer for Alec Baldwin claimed during a virtual hearing on Thursday.
Alex Spiro of Quinn Emanuel appeared on the actor's behalf for the court's status update meeting, streamed by KOAT, in which he began by stating that the New Mexico government destroyed the firearm.
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"I think I should tell the court that the firearm in this case, that's a great subject of it, was destroyed by the state," he shared. "So that's obviously an issue. We're going to have to see that firearm or what's left of it."
Despite Spiro's claim, New Mexico First Judicial District Attorney spokesperson Heather Brewer tells PEOPLE in a statement, "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 statement continues, "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. However, the gun still exists and can be used as evidence."
The hearing continued to scheduling matters, with Spiro adding that Baldwin, 64 — who was not present at the time — wants "his day in court."
Last month, the actor entered a not-guilty plea to involuntary manslaughter charges in New Mexico's Santa Fe County First District court. He waived his right to appear in court for a hearing that was initially scheduled for Feb. 24, according to court documents obtained by PEOPLE at the time.
As a result, judge Mary Marlow Sommer canceled the hearing, which was expected to see Baldwin appear in court for the first time since charges were filed against him and former Rust armorer Hannah Gutierrez-Reed on Jan. 31, according to Deadline.
In addition to criminal charges, Baldwin is facing a civil lawsuit from Hutchins' parents and sister in her death. Baldwin and the film's producers are also involved in another case, alleging negligence and intentional infliction of emotional distress, filed by three crew members.
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In a statement to PEOPLE on Jan. 19, another attorney for Baldwin, Luke Nikas of Quinn Emanuel, said the announcement of criminal charges against the actor "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," Nikas added. "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."
