District Judge Bryan Biedscheid on Friday granted a request by the Occupational Health and Safety Bureau of the New Mexico Environment Department to issue a subpoena to Dave Halls, assistant director for the movie “Rust,” local news outlets reported.
Halls reportedly yelled “cold gun” on the set of “Rust” before Baldwin pulled the hammer back on the revolver, shooting and killing Hutchins and injuring director Joel Souza Oct. 21 at the Bonanza Creek Ranch in New Mexico.
Halls believed the gun was unloaded, according to investigators. He had told Baldwin and crew the gun didn’t contain ammo or blanks.
Safety officials tried twice since Nov. 2 to interview Halls for their investigation, but he declined both times through his attorney and said he wouldn’t agree to an interview until a criminal investigation into the shooting is complete, a compliance officer wrote Wednesday in an affidavit in support of the subpoena request.
The interview with Halls is necessary because he had responsibilities for set safety, knew who was present during the shooting and had handled the gun, the application noted.
Rebecca Roose, deputy cabinet secretary of the Environment Department, told the Santa Fe New Mexican that the department proposed a Tuesday interview but that the judge could set another date or Halls’ attorney could fight the subpoena.
Halls’ attorney, Lisa Torracco, did not immediately respond to Fox News’ request for comment.
However, KOB-TV reported that Torraco told the station that Halls will cooperate with state investigators.
Halls’ attorney previously claimed the assistant director didn’t hand off the gun to Baldwin, despite search warrants confirming he had told police he did.
“This idea my client grabbed the gun and handed it to Baldwin absolutely did not happen,” Torracco said on “The Story.” He later backtracked and dodged questions about whether Halls handed the gun to Baldwin, despite Martha McCallum asking whether Halls “doesn’t know if he handed the gun to Alec Baldwin.”
The Associated Press contributed to this report.