New Baldwin Findings Could Open Door to Additional Charges

The report indicates Baldwin’s claim of not having pulled the trigger was not true. (Santa Fe County Sheriff’s Office)

The gun Alec Baldwin held in the death of filmmaker Halyna Hutchens could not have been fired without the trigger being pulled. That was the conclusion of a new forensics report commissioned by the State of New Mexico in its case against Rust armorer Hannah Gutierrez-Reed, reported Tuesday by People. The findings open the door to charges against Baldwin, even though earlier ones were dismissed in April.

“A forensic report obtained by PEOPLE Tuesday concluded that the trigger of the prop Colt .45 revolver that turned out to contain live rounds must have been pulled ‘sufficiently’ enough to cause the accident,” the article explains, elaborating:

“Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver,” read the firearms report by experts Lucien Haag and Mike Haag, who were hired by the State of New Mexico in its case against Hannah Gutierrez-Reed. “This fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger.”

CNN provided further passages:

“If the hammer had not been fully retracted to the rear and were to slip from the handler’s thumb without the trigger depressed, the half cock or quarter cock notches in the hammer should have prevented the firing pin from reaching any cartridge in the firing chamber. From an examination of the fired cartridge case and the operationally restored evidence revolver, this fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger. The only conceivable alternative to the foregoing would be a situation in which the trigger was already pulled or held rearward while retracting the hammer to its full cock position. Although unlikely and totally contrary to the normal operation of these single action revolvers, such improper handling, would result in the discharge of a live cartridge.”

“The prosecutors had previously stated that Baldwin will be charged again if the gun was working properly,” Variety reports. “‘If it is determined that the gun did not malfunction, charges against Mr. Baldwin will proceed,’ they wrote in a filing in June.”

The question then becomes, “What charges?” and if they will encompass more than manslaughter and potentially criminal negligence. While his lawyers will put the best public face they can on the findings and once more cast doubt on them as they did a year ago with FBI tests, there’s actually more to the story than anyone seems willing to talk about:

Baldwin has repeatedly insisted he never pulled the trigger. The reports say that’s not true. Was he lying?

Under similar circumstances, would an ordinary citizen without high-priced lawyers and powerful connections be charged with obstruction of justice, lying to law enforcement, and perjury? Especially if such existentially powerful motives to stick to his story were demonstrable?


About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea

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Wass

Even if Baldwin is correct that he hadn’t pulled the trigger on the single action .45 LC revolver, he still violated four of the basics of gun safety (readers of Ammoland know them). He’s responsible for the consequences of his ignorance and actions. Period. Let this be a lesson to the wide public.

Last edited 1 year ago by Wass
Oldman

@ Wass, I agree with your statement. Baldwin said he was dropping the hammer when the gun went off! It just happens to be a fact that one cannot drop the hammer on that particular weapon without pressing the trigger. That is how you DROP the hammer. Key here is you must maintain control with your thumb as it drops easily, not setting off the primer. All he had to do was point the six shooter at the ground next to himself, thinking that it was cold. Every firearm is live if you haven’t checked it yourself every time you… Read more »

Bigfootbob

I think, you described exactly how Baldwin killed that woman. He was being cocky, showing off, dropping the hammer like he was a six gun marksman, you’ve seen it done in Westerns, he probably was going to twirl it into the holster too but the gun fired when he lost control of the hammer with his thumb. I used to practice doing that with my stepdad’s Colt replica chambered in .22 way back when, as a pre-teen and teen safely, out at our private range. The lying bastard deserves some serious comeuppance.

Oldman

Yep, and the story he told to the press was that they (he) were pointing the six gun in order to determine camera angles. In my old brain there was no reason for the gun to be cocked for that purpose. I would say the whole thing was a comedy of errors, except it was NOT funny at all.

Larry

His story was that Hutchins ASKED him to cock it, to make sure the camera could see the gun being cocked from that angle.

Bubba

Preferably at his own head while dropping the hammer.

Oldman

@Bubba, I would agree….. that way it would have turned out better for everyone involve, especially the deceased.

Bill

What responsible person would ever be even gently dropping the hammer of a gun while pointing it at someone?!

DIYinSTL

‘It depend on what the meaning of “pulled” is.’ Like Slick Willy’s definition of “is”, Baldwin’s definition of “pulled” is different than what you think it is.

Oldman

@ Ope, I certainly agree with you about premeditation. From all the people involved in making the movie that left because of ‘safety’ issues ,has there been a real accounting of what they were other than accidental discharges? Knowing the rumors about Alec and his brother their whole lives, was there a lot of partying going on? Alcohol and coke don’t mix with guns. And again, live ammo on the set or within a mile of it just doesn’t sound right. Pictures of Badlwin taken just after the killing show a man to be seriously messed up far more than… Read more »

RetMCCC

I think in baldie’s mind he didn’t pull the trigger to initiate the discharge. My theory is that, him being an inexperienced REAL gun handler, his grip on the gun had the trigger already pulled when he proceeded to pull the hammer back with is thumb and let it slip. We all know that inexperienced/infrequent gun handlers are notorious for poor trigger awareness and index finger control.

Last edited 1 year ago by RetMCCC
Sisu

David, Thank you for continuing to report on this murder. I have one unanswered question which has apparently been ignored (never asked) by all those “reporting” on the incident: “Baldwin in past years was reported in media to have a NYC CWL. In anything you have read investigating the incident has the CWL been acknowledged, and has that “license” been revoked ?” It occurs to me that Baldwin’s NYC CWL may have come due for renewal since the murder. The renewal application I expect will include a question along the lines of: “During the last X years have you been… Read more »

swmft

that is a good point ,he is one of the few tells you how far left

TexDad

I don’t mean to be pedantic, but murder is such an important word, I think it’s important to use it correctly.

Murder is willful, wrongful homicide. It requires evidence of malice aforethought, or premeditation.

I don’t think anyone is seriously suggesting murder here. However, it does appear clear that Baldwin is guilty of negligent homicide and certainly the involuntary manslaughter charge he was faced with.

Sisu

TexDad (How Long Ya Liv’d in Tha ‘Republic’ ?”), “pedantic” … “Big” eight-letter word (Everything is BIGGER in Texas). 2021 New Mexico StatutesChapter 30 – Criminal OffensesArticle 2 – HomicideSection 30-2-1 – Murder.Universal Citation: NM Stat § 30-2-1 (2021) A. Murder in the first degree is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused: (1) by any kind of willful, deliberate and premeditated killing; (2) in the commission of or attempt to commit any felony; or (3) by any act greatly dangerous to the… Read more »

TexDad

“Got a thing for Alex”? Seriously? Apparently you didn’t read what I wrote. Apparently you have a thing for exaggeration.

If you think what you’ve quoted in bold applies here, that Baldwin took actions “indicating a depraved mind regardless of human life.” If you think that, then you are a silly, silly man.

Baldwin is guilty. But of murder? No.

Bigfootbob

English and American Jurisprudence is the second and 35th language of many here.

Sisu

TexDad (and BigFoot’nMouth(bob)), Read the NM statute; you’re delusional (“If I were the ‘Man’ and this were not a ‘nation of laws'”) definition means squat. … The definition of “murder” is state specific; next the reason juries are comprised of peers (and lawyers are generally excluded) is because jurors have the “ultimate authority” as to the lawfulness of the “charges” and interpretation (propriety of definitions) of the “state law” (you and BigFoot’nMouth are entitled to your opinions; first unenumerated right is – “the right to be stupid”). The consolation to you (TexDad) is that I agree: “murder is such an… Read more »

TexDad

You can tell a right fighter by his willingness to contort words into meaning whatever he’d like them to mean. It just so happens there is a good amount of case law from the New Mexico Supreme Court that says you’re wrong. Here’s one case: https://casetext.com/case/state-v-reed-487 From the decision: “To further narrow the class of killings eligible for depraved mind murder, this Court has concluded “that the legislature intended the offense of depraved mind murder to encompass an intensified malice or evil intent.” Brown, 1996-NMSC-073, ¶ 15. In describing that intensified malice, we have defined the phrase “depraved mind” used… Read more »

Wass

Knowing how corrupt the gun licensing regime is in NYC, it wouldn’t surprise me if Baldwin has a current concealed carry permit.

Last edited 1 year ago by Wass
Oldman

Don’t know how I messed up this comment. Think it’s up at the top

AJChwick

“Baldwin has repeatedly insisted he never pulled the trigger. The reports say that’s not true. Was he lying?” IMHO, a simple YES, to the question of lying. The Massapequa Moron is using the only excuse that his limited brain can cease upon. In his product, he AVOIDED using Hollywood for his film to purposely avoid all their rules, and such, to save MONEY, as he is listed as a Producer of the film, too. He cut many production corners constantly, and there were many complaints from the filming crew. Push comes to shove, it was his hand on the gun… Read more »

musicman44mag

I think this elite class ass has as much chance of going to jail as Hunter where anyone of us on Ammoland would be spending time in jail.

Boz

“Was he lying?”
Hmmmm…..let’s see. He’s a big fIaming IiberaI, so…….OF COURSE HE’S LYING!

DarthDoug

So, either he lied or the revolver lied. Wow, that’s a toughie….

Larry

I happen to know the revolver is a straight-shooter.

Matt in Oklahoma

Y’all acting like something gonna happen.
Pleeease
Wake up

hasbeen

baldie will spend his last dime to get out of killing those people. sadly
he will probably get away with the killings. but the real judgement will come from God.

3l120

Hopefully, the civil suit will come first. Think OJ. Would be interesting to see Baldwin have to pay out the big bucks, and whine about it for years!

Oldman

I think I remember something about Baldwin having already settled with the family. I could be wrong about that.

Deplorable Bill

As popular as this is not going to be to several people who read this; It IS possible to “slip” shoot a round without – WITHOUT even touching the trigger. Let me explain. First, make sure that the gun you are trying this with is empty, then pull the hammer back until it ALMOST locks the cylinder, then let go of the hammer. You will have fired a round had one been present under the hammer. It is possible to do this with single action and double action revolvers. I have done this with Smith and Wessons, Rugers and several… Read more »

Cappy

From the article, “If the hammer had not been fully retracted to the rear and were to slip from the handler’s thumb without the trigger depressed, the half cock or quarter cock notches in the hammer should have prevented the firing pin from reaching any cartridge in the firing chamber.” (emphasis mine) So, in this instance, with this particular Colt replica, the trigger would need to be depressed in order to fire a cartridge. I don’t doubt your experiences with the replicas or originals you have fired. I only note that with this particular gun, that does not appear to… Read more »

swmft

the newer repros have better designed safeties , they are similar to the original but not the same as,

DarthDoug

Interesting post, Bill. You should, however, keep Occam’s Razor in mind – “Plurality must never be posited without necessity.” In other words, all else being equal, simplicity is best.

PMinFl

I’m no expert on SAA revolvers or film making but I will say this,every video of Baldwin practicing drawing the revolver shows him completely depressing the trigger as if a habit. Should the hammer be pulled back and released wouldn’t a SAA revolver fire? Case closed, he’s rich and famous.

Henry Bowman

There is a possibility that Baldwin genuinely doesn’t remember squeezing the trigger, sometimes that happens when an individual is subjected to a mental trauma. But even if this is true, it doesn’t negate Baldwin’s criminal negligence and general disregard for set safety. Everyone who worked the set had major issues with Baldwin’s carelessness and these witnesses also affirmed that every time – EVERY TIME – that Baldwin was holding a gun, he ALWAYS had his trigger finger on the trigger. Which is what you would expect from a lefty who hates guns…because they know nothing about guns and how to… Read more »

Yote Hunter

Baldwin is so full of TDS that he doesn’t think anyone else can see the truth either!
He certainly can’t.
Great DEMOCRAT!

JimQ

Baldwin should have been charged with second degree murder months ago. He’lll walk because he’s a rich meathead. Actors should not be exempt from proper firearm safety rules and their consequences.

Last edited 1 year ago by JimQ
Oldman

Why second degree murder? I believe the charge should be negligent homicide. Maybe that’s just me.