New details in 'Rust' case uncovered during deposition
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New details in 'Rust' case uncovered during deposition

Aug 16, 2023

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New information is being revealed in the 'Rust’ movie set shooting case.

We were able to get ahold of a recent deposition of Seth Kenney ahead of Rust armorer Hannah Gutierrez-Reed's trial.

Kenney supplied the film with some of its guns and ammunition.

MORE: In-depth look at the "Rust" movie shooting

“As you sit here today, do you have any doubts as to whether or not you accidentally supplied live ammunition to the set of Rust?” asked Special Prosecutor Kari Morrissey.

“I have no doubts at all. That definitely did not come through me,” said Kenney.

During the deposition, Kenney explains where he got .45 long Colt ammo, the same type of ammo used to load Alec Baldwin's gun. He says a man named Joe Swanson gave him an ammo can filled with .45 rounds in Texas before the production started.

"Did any of those live rounds come back to New Mexico with you?" Morrissey asked.

“At some point they did. I've never been able to identify the date,” Kenney said.

Kenney claims he tested the .45 rounds sent to Gutierrez-Reed. It's unclear if ammo from the can was used to make the dummies.

Read more: Sheriff says "Rust" shooting investigation was not perfect

“Each one got individually rattle tested twice, I then polished them with steel wool, each one taking roughly a minute. And so, the entire process took about an hour and then before it went into the box individually. Then they got rattled again,” Kenney said.

Gutierrez-Reed's attorney, Jason Bowles, asked Kenney a series of questions about different types of dummy rounds.

“You're aware that there are dummies that are sold that do not rattle?” Bowles asked.

Related: A look at the type of gun involved in the "Rust" movie shooting

“There are. But I refuse to use them,” Kenney said.

“There were Dennis dummy rounds on the Rust set,” said Bowles.

“There were, there is at least one, maybe even two. Two or three,” said Kenney

“OK. And that, as you just described is a more dangerous dummy round to have?” questioned Bowles.

“It is. It sets the precedent for people in their minds to say that, OK, well, sometimes rounds don't rattle,” said Kenney.

Bowles then asks Kenney about a conversation he had with Sarah Zachry, who was in charge of all props on set.

“Did you talk about live rounds with her?” Bowles asked.

“She said something to the effect that there were some ones that wouldn't rattle, I think is what she said," Kenney said.

“Did she tell you she was going to get rid of those?” Bowles asked.

“No,” Kenney said.

“Did you talk to her about that?” Bowles asked in a follow-up question.

“No, not at all,” Kenney replied.

Gutierrez-Reed is the only person to still face charges in the case.

Assistant Director Dave Halls took a plea deal, and charges were dropped against Baldwin because it was believed the gun Kenney gave to Gutierrez-Reed had been modified at some point.

But Kenney said that's not true.

“From the time you purchased it to the time that it went to the set, did you believe that gun had been modified?” Bowles asked.

“Definitely not,” Kenney said.

“Did you ever hear of that gun being modified on the set?" Bowles asked.

“No,” Kenney said.

It was revealed Wednesday that Morrissey had her own private analysis done on the gun.

That analysis proved the gun had not been modified and that the trigger had to have been pulled or depressed.

Baldwin's charges were dropped without prejudice, but they could be re-filed

A status conference is expected to happen next week to set a trial date for Gutierrez-Reed.

For an in-depth look at the "Rust" movie set shooting you can watch our 30-minute Target 7 special investigation, "Rusted."

You can watch this and more investigations from Target 7 on Very Local.

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