District Court Judge Bryan Biedscheid of New Mexico has granted the state's Environmental Department request for a subpoena for First Assistant Director David Halls. 

On October 21, cinematographer Halyna Hutchins was killed and director Joel Souza was wounded after being shot by a prop gun that contains live bullets during the filming for their movie "Rust" at the Bonanza Creek Rank film set near Santa Fe.

In an affidavit in support of the subpoena request, a compliance officer wrote that safety officials have tried to interview Halls since November 2 for their investigation but were declined both times by Halls through his lawyer. Halls stated that he would not agree to an interview until a criminal investigation into the shooting is complete. The interview with the OSHA must be conducted because he had responsibilities for set safet. The application further wrote that he knew who was present during the shooting and had handled personally the gun. The court documents filed this week read, "It’s the bureau’s understanding that Mr. Halls was inside the church when this fatality and injury, this workplace fatality and injury to the second person, occurred. So the bureau needs to question Mr. Halls on what occurred inside the church. Mr. Halls could also inform the bureau as to who else was inside the church and who else we should interview. It’s also the bureau’s understanding Mr. Halls conducted safety meetings on site and had a role in safety on set.”

Deputy Cabinet Secretary of the Environment Department Rebecca Roose told the Santa Fe New Mexican that their department just proposed an interview set for Tuesday but the judge could set another date or Halls' lawyer could fight the subpoena. In an interview with Deadline, Halls' own layer Lisa Torraco said that "Mr. Halls is happy to cooperate with the OSHA investigation." The interview is set to be conducted via Zoom but no details yet on the dates. 

Previously, Halls has admitted to Santa Fe sheriffs that he declared the gun as "cold gun" on set before giving it to Baldwin. He also admitted that he did not properly check the gun in question. On October 25, it was revealed that Halls was fired from another feature film before because of gun safety lapses.