#Criminal Charges In Rust Shooting Are Possible, Though Potentially Months Away As Investigation Continues

The DA further clarified that the weapon used in the incident isn’t really a “prop gun,” but a functional, “antique-era appropriate gun.” Details about the make or model of the firearm are still unclear. One warrant details that “Rust” assistant director Dave Halls grabbed one of three “prop guns,” (as termed in the warrant which came out prior to the DA’s terminology clarification), laid out by Hannah Gutierrez Reed, the armorer. Halls then handed the firearm off to star and producer Baldwin and yelled, “cold gun,” which indicated that the weapon did not have any live rounds. Baldwin was rehearsing a scene involving a cross-draw, in which the dominant hand crosses the torso, grasps the handgun, and brings it back across the body, muzzle pointed towards the camera in this case. But when the actor drew the weapon, Hutchins and Souza (who was standing behind the director of photography) were struck in the stomach and shoulder, respectively; Souza was released from the hospital on Friday.

Further details in the days following the incident are damning. Mere hours before the shooting, several crew members had walked off the “Rust” set in protest of poor working conditions — including unsafe prop handling earlier during production. Three crew members who had worked on Dave Halls’ previous projects called him out for a history of safety flouting, citing so many red flags that the assistant director’s career “should have been done with already,” they told CNN. 

The incident has become a rallying point for supporters of the IATSE strike, comprised of union IATSE members advocating for safer working conditions during this year’s negotiation cycle for a new Basic Agreement and Area Standards Agreement. A tentative Area Standards Agreement deal was reached on Tuesday, with details about its provisions being kept under wraps for the time being.