The assistant director who handed Alec Baldwin a prop gun that killed a cinematographer on a New Mexico film set must make himself available for an interview with state workplace safety regulators, a judge has decided.
District Judge Bryan Biedscheid granted a request by the Occupational Health and Safety Bureau of the state Environment Department to issue a subpoena to Dave Halls, assistant director for the movie Rust, local news outlets reported.
Cinematographer Halyna Hutchins was killed and director Joel Souza was wounded in the October 21 incident at the Bonanza Creek Ranch near Santa Fe.
Safety officials have tried twice since November 2 to interview Mr Halls for their investigation but he declined both times through his lawyer and said he would not agree to an interview until a criminal investigation into the shooting was complete, a compliance officer wrote on Wednesday in an affidavit in support of the subpoena request.
The interview is needed because Mr Halls had responsibilities for set safety, knew who was present during the shooting and had handled the gun, the application said.
Rebecca Roose, deputy cabinet secretary of the Environment Department, told the Santa Fe New Mexican that the department proposed a Tuesday interview but the judge could set another date or Mr Halls’ lawyer, Lisa Torracco, could fight the subpoena.
KOB-TV reported that Ms Torracco told the station that Mr Halls will co-operate with state investigators.
Baldwin has said he did not know the gun contained a live round and that investigators must find out who put it in the weapon.