A lawyer representing Rust’s assistant director has said it was not his client’s job to confirm the gun used in the set’s fatal shooting was unloaded, despite the assistant director previously telling detectives he should have checked all the rounds in the firearm. David Halls, who handed the prop weapon to actor Alec Baldwin and yelled, “Cold gun,” was “not responsible for checking it,” according to attorney Lisa Torraco. Appearing on Fox News on Monday, she said, “That’s not the assistant director’s job. If he chooses to check the firearm because he wants to make sure that everyone’s safe, he can do that, but it’s not his responsibility.”

After the Oct. 21 shooting incident that killed cinematographer Halyna Hutchins and injured director Joel Souza, Halls said he should have checked all the rounds in the gun and “couldn’t recall if he spun the drum,” according to a search warrant affidavit. During the Monday interview, Torraco said that Halls taking the gun off a prop cart and handing it to Baldwin, as had been previously reported from affidavits, “absolutely did not” happen. “My client didn’t load the firearm,” the attorney continued, “My client didn’t point the firearm at anyone. And my client didn’t pull the trigger.”