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Police in Santa Fe, New Mexico have not ruled out hitting the Hollywood star Alec Baldwin with criminal charges after a damning new FBI report concluded that he did in fact pull the trigger of the gun that killed cinematographer Halyna Hutchins on the set of the movie Rust back in October, despite repeatedly claiming that he did not.

FBI Report Spells Bad News For Baldwin

Daily Mail reported that Hutchins was killed and director Joel Souza was wounded when a gun went off on the set of “Rust” on October 21. Baldwin has repeatedly claimed in interviews since then that he did not fire the gun, which was supposed to be loaded with blanks. But a new FBI report has concluded that the weapon the actor was holding could not be fired unless the trigger was pulled.

The Santa Fe Sheriff’s department has confirmed that this means that Baldwin could face criminal charges and that the case will be passed to the District Attorney. They also said that they are currently waiting on Baldwin’s phone records and that the DA has been working with the star’s lawyers and the Suffolk County Police to get them.

“The district attorney’s office has been working with Suffolk County PD, and Baldwin’s lawyer, to acquire the phone records,” said Santa Fe County Sheriff Adan Mendoza, according to CBS News. “Once Suffolk County PD completes its agency assist and sends those records to New Mexico law enforcement, our detectives will need to then thoroughly review those phone records for evidentiary purposes.”

Related: ‘Rust’ Cinematographer’s Widower Slams Sheriff For Releasing Footage Of Alec Baldwin After Shooting

The District Attorney Speaks Out

Santa Fe District Attorney Mary Carmack-Altwie said earlier this month that she is waiting for the completed investigation from the sheriff’s office, and once she received it, her office would “begin the screening process and any necessary follow-up investigation.”

“To date, my office has received portions of the Rust investigation from SFSO but is still awaiting the balance of supplemental reports including, but not limited to, the following: FBI firearm and tool mark analyses, forensic testing on the firearm itself, the forensic download from Suffolk County PD of Mr. Baldwin’s phone, and the pathology report from the New Mexico Office of the Medical Investigator,” Carmack-Altwie said, adding that she will make decisions about potential charges once she has looked at all the necessary reports. 

Earlier this year, Sheriff Mendoza made it clear that criminal charges are still very much on the table. 

“It’s too early to rule anything out right now, I don’t think anybody’s off the hook when it comes to criminal charges,” Santa Fe County Sheriff Adan Mendoza said earlier this year. “I’ve said this before: I think there was complacency on the set. There was disorganization and a degree of negligence — whether that rises to a criminal level, that will be up to the district attorney.”

Related: Alec Baldwin Files Lawsuit Asserting He’s Not”Legally Culpable” Of Killing Halyna Hutchins

‘I Did Not Pull The Trigger’

Baldwin claimed in an interview last year that at the time of the shooting, he was holding a “cold gun,” meaning a gun that was loaded with dummy bullets. He alleged that when he released the gun, it fired without him pulling the trigger. 

“I did not pull the trigger,” he said. 

Baldwin also said that while “someone is responsible for what happened… I know it’s not me,” according to Sky News

Many feel that Baldwin needs to be held accountable for Hutchins’ death. We’ll see how this pans out for him. 

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