A lawyer representing the assistant director of Rust says her client told her “since the very first day” that Alec Baldwin did not pull the trigger on the prop gun that fatally discharged on the low-budget film’s New Mexico. Dave Halls “has told me since the very first day I met him that Alec did not pull that trigger,” attorney Lisa Torraco told ABC in an interview airing Thursday. “His finger was never in the trigger guard.”

The claim corroborates what Baldwin told ABC. “The trigger wasn’t pulled. I didn’t pull the trigger,” he said. Torraco called the incident “a pure accident—freak, awful accident [that] unfortunately killed somebody.” She said Halls is “heartbroken” and “it’s very, very painful and very hard for him.” Torraco said she would be “shocked” if Halls were indicted in the incident that killed cinematographer Halyna Hutchins. “He had no responsibility, no liability,” she said, “and certainly not at the level of criminal liability.”