• The attorney of Alec Baldwin said the gun used in the killing was destroyed.
• A spokesperson for the Mexico court said it was in evidence.
• Alec was arrested for the killing of cinematographer Halyna Hutchins.

The attorney of Alec Baldwin asserted during a televised hearing on Thursday that the state has “destroyed” the gun that was used to kill cinematographer Halyna Hutchins in October 2021 on the Rust set.

For the court’s status update meeting, which was a webcast by KOAT, Alex Spiro of Quinn Emanuel appeared on behalf of the actor. He started by claiming that the New Mexico government had destroyed the gun.

“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.”

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Despite Spiro’s assertion, Heather Brewer, a spokesperson for the New Mexico First Judicial District Attorney, tells the media 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.”

Spiro added that Baldwin, 64, who was not present at the time, wanted “his day in court,” as the meeting moved on to scheduling issues.

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