Alec Baldwin fatally injured on set of Rust.

The shooting death of actor Alec Baldwin’s cinematographer on the set of “Rust” last year was an accident, the New Mexico Office of Medical Investigator found.

The medical investigator’s report, finalized after an autopsy and a review of police reports, was released Monday by the Santé Fe County Sheriff’s Office.

Prosecutors have yet to decide whether charges should be filed in the case as they review the latest reports, including from the FBI, about the revolver and ammunition collected after the shooting.

They’re also waiting for cell phone data from Baldwin’s legal team.

The medical investigator’s decision prompted Baldwin’s attorneys to argue that their client should not face charges related to the “tragic accident” that killed Halyna Hutchins on Oct. 21. The film’s director, Joel Souza, was injured during filming.

Halyna Hutchins with camera.
Halyna Hutchins’ death was ruled an accident as Baldwin had no intention of causing harm.
Instagram/Halyna Hutchins

“This is the third time that New Mexico authorities have determined that Alec Baldwin had no authority or knowledge of the allegedly unsafe conditions on set to be told by the person responsible for on-set security that the gun was ‘cold ‘ was, ‘ and believed the gun was safe,” attorney Luke Nikas said in a statement.

The state medical investigator’s office said the shooting was accidental because there was “no apparent intent to cause harm or death” and there was “no convincing demonstration” that the gun was intentionally loaded with live rounds on set.

Baldwin told ABC News in December that he pointed the gun at Hutchins after she directed him to be on the set of the Western film, which Baldwin was also producing. He said the gun was fired after he cocked it, but denied pulling the trigger.

"rust" set to.
Alec Baldwin blamed the producers’ “negligence and unprofessionalism” for her death.
Serge Svetnoy/Facebook

“The trigger wasn’t pulled,” he said. “I didn’t pull the trigger.”

But an FBI analysis of the revolver Baldwin was holding indicated that the gun worked and would not have fired unless it was fully cocked and the trigger pulled.

Nikas, Baldwin’s attorney, told Fox News, “The FBI report is being misconstrued.”

“The gun only fired once in testing – without having to pull the trigger – when the hammer was pulled back and the gun broke in two different places,” he said. “The FBI could not fire the gun in any previous test, even with the trigger pulled, because it was in such poor condition.”

Meanwhile, Hannah Gutierrez Reed, a representative for the ‘Rust’ armorers, told Fox News: “The newly released FBI report shows that the revolver was in good condition and that Baldwin should have pulled the trigger to fire the revolver, which contradicting his earlier statements and those directly provided by Assistant Director Halls, through his attorney, who also said Baldwin did not pull the trigger.”

"rust" adjust after shooting.
An aerial view of the film set for the film ‘Rust’ where the fatal film set shooting took place.

Baldwin also said in the past the gun shouldn’t have been loaded during a rehearsal.

Ammunition seized at the filming location were live cartridges found in a cart and holster in the building where the shooting took place. Blank cartridges and dummy cartridges were also found.

The New Mexico Bureau of Occupational Safety and Health had a long list of safety deficiencies on set, including testimonies that production managers had done little to nothing to correct two on-set misfires prior to the fatal shooting.

With postal wires Alec Baldwin fatally injured on set of Rust.


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