According to a new complaint filed Wednesday, Alec Baldwin “intentionally” fired a revolver against cinematographer Halyna Hutchins on the set of “Rust,” breaking set protocol in the fatal shooting.
“I saw Alec going through his movement with the gun for the camera,” said Mamie Mitchell, the script supervisor on set who contacted 911 after Hutchins was killed and director Joel Souza was injured following the incident on October 21.
“I was holding my script in my left hand and had taken out my iPhone and opened up my photos to check the continuity on his shirt and vest. Then an explosion. Deafening loud gunshot.” she added. “I was stunned. I heard someone moaning and I turned around and my director was falling backward and holding his upper body and I turned around toward Alec and saw Halyna going down to the left of me,” said Mitchell.
According to the lawsuit, Baldwin “intentionally, without just cause or excuse, cocked and fired a loaded gun,” despite the fact that the upcoming scene “did not call for the cocking and firing ofirearm.”
“Mr Baldwin chose to play Russian roulette with a loaded gun without checking it and without having the armorer do so. His behavior and that of the producers …were intentional acts and/or omissions, without any just cause or excuse and with utter disregard of the consequences,” the complaint continued.
She further claimed that every safety practice established to assure safety with a handgun on set, such as the presence of live ammunition, was disregarded, and that the “actions taken” that day “were against all industry norms.”
Mitchell’s complaint also claimed that Baldwin should have double-checked the prop gun he was given on set by AD Dave Halls. She claims that as a “industry veteran,” he should have made sure it was safe before firing it, despite the fact that Halls supposedly declared the prop a “cold gun” on set.
“Alec Baldwin should have assumed that the gun in question was loaded unless and until it was demonstrated to him or checked by him that it was not loaded,” the complaint reads. “He had no right to rely upon some alleged statement by the Assistant Director that it was a ‘cold gun.’ Mr. Baldwin cannot hide behind the Assistant Director to attempt to excuse the fact that he did not check the gun himself.”
Hanna Gutierrez-Reed, who worked as an armorer on the set of ‘Rust,’ is also listed as a defendant in the case filed against the actor and the film production company.
During a news conference in Los Angeles on Wednesday, her attorney, Gloria Allred, said there were warning signals of hazardous firearms conditions on the set only days before the Oct. 21 killing. She said that a camera operator detected two gunshots during a practice in one of the cabin shots. According to Allred, the camera operator reportedly texted a production manager, “This is super unsafe.”
The events leading up to the incident, according to the attorney, did not constitute “simple negligence” since Baldwin, the producers, and others were “reckless” in not following tight restrictions when it came to keeping live ammunition and guns on site.
The action comes only a week after the film’s lighting director, Serge Svetnoy, launched a lawsuit against Baldwin and others, claiming carelessness caused him “severe emotional distress” that will follow him for the rest of his life.