the family of late cinematographer Halyna Hutchins, who actor Alec Baldwin was shot and killed on the set of the Western “Rust”, filed a complaint against Baldwin and others on Tuesday, alleging they fired standard practices that keep movie met safe.
The civil lawsuit was filed in Santa Fe County, New Mexico, on on behalf of of Matthew Hutchins, Halyna Hutchins husbandand couple 9-year-old son.
“The lawsuit names Alec Baldwin and others who are responsible for the safety on the set and whose carefree behavior and cost-cutting leads to the senseless and the tragic death of Halyna Hutchins,” attorney Brian Panish said during a news conference in Los Angeles.
Halyna Hutchins was killed and director Joel Souza was injured when a Colt .45 Baldwin revolver was using during a rehearsal fired a live ball. the movie, on what Baldwin also served as producer, was filmed at Bonanza Creek Ranch outside Santa Fe, New Mexico.
Aaron Dyer, a lawyer for Baldwin and other “Rust” producers said, “Any claim that Alec was reckless is entirely false.”
The ’30 Rock’ and ‘Saturday Night Live’ actor says thaton told him that gun was “cold”, an industry term which means it is safe to use.
“This protocol worked on thousands of movies, with millions of releases, and there has never been an incident before on a set where a real bullet hurt anyone”Dyer said.
“Actors should to be able to count on gunsmiths and prop department professionals, as well as assistant managers, rather than deciding on theirs when gun is sure of use” Dyer added.
But Panish said Baldwin carried “a significant part of responsibility” because he fired the gun that killed Halyna Hutchins.
The lawyer showed a animated Recreation of what he believed happened inside a church where actors were filming when the shooting happened. Panish said he did not believe the weapon was defective.
“The gun can not fire unless the trigger is engaged and the hammer is back”, Panish said during the video. “So he had the gun. He says he pulled the hammer back. He shot. She was killed.”
Baldwin said he pulled the hammer gunle out back but did not fire the trigger. The lawsuit said Baldwin had a responsibility to keep son finger away from trigger and not banging the hammer during a rehearsal.
The Incident remains under investigation by New Mexico authorities who try to determine how live ammunition made on the movie set. No criminal charges were laid.
Panish says Baldwin should have personally verified gun at ensure it did not contain live rounds and that he should not having pointed it directly in a person.
The lawsuit, which seeks unspecified damages, named about two dozen defendants in in addition to Baldwin, including gunsmith Hannah Gutierrez Reed and son assistant director David Halls. Representatives for Gutierrez Reed and Halls did not immediately respond to inquiries for comment.