New 'Rust' Lawsuit Says Alec Baldwin Fired Fatal Shot Even Though Upcoming Scene Didn’t Involve A Gun

Photo: lev radin / Shutterstock
Alec Baldwin

A new lawsuit has been filed alleging negligence and unsafe workplace conditions on the set of “Rust,” after Alec Baldwin fired a gun that accidentally killed cinematographer Halyna Hutchins last month.

Mamie Mitchell, a script supervisor on the movie, who was standing four feet away from Baldwin when he fired the revolver, is now suing Baldwin, assistant director David Halls, armorer Hannah Gutierrez-Reed, and several other individuals and production companies involved in the movie.

The lawsuit claims Alec Baldwin wasn't required to fire a shot.

Mitchell is alleging that Baldwin fired the fatal shot even though the movie script never actually requiring the actor to use the gun for the scene in question.

“Alec Baldwin intentionally, without just cause or excuse, cocked and fired the loaded gun even though the upcoming scene to be filmed did not call for the cocking and firing of a firearm," the lawsuit stated.

“Mr. Baldwin chose to play Russian Roulette with a loaded gun without checking it and without having the Armorer do so."

In her lawsuit, Mitchell is claiming that their actions were “reckless” and she suffered “severe emotional distress” because of the incident.

RELATED: Workers On Alec Baldwin’s ‘Rust’ Felt ‘Unsafe’ About Gun Protocols After Previous Accidental Discharges On Set

Mitchell was also the person who called authorities after the gun went off and shot both Hutchins, and the director Joel Souza.

The lawsuit claims safety protocols were not followed on the 'Rust' set.

In the 911 call, Mitchell blamed Halls, who had yelled “cold gun” before handing it to Baldwin, meaning the gun wasn’t supposed to be loaded with any live rounds.

The lawsuit also alleges that, against basic safety protocols, at no time was Mitchell advised that a gun would be discharged, that there was limited plexiglass on the set of the church, and that crewmembers weren’t told to look on the monitors outside of the church so that they weren’t in close proximity to the gun.

Gloria Allred, who is representing Mitchell, said at a press conference that Mitchell has not worked since the “Rust” shooting, and that the incident has ruined her 40-year career.

Mitchell also blames Baldwin for not checking if the gun was loaded, and that he shouldn’t have depended on someone else’s word on whether there were live rounds in it or not.

“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 lawsuit continued.

“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.”

RELATED: Alec Baldwin Shouldn't Be The Main Character In This Tragedy – Halyna Hutchins Was The Victim

Hall had also told police that when the film’s armorer had shown him the firearm that Baldwin would be using in the scene, “he could only remember seeing three rounds.”

The gun had then been left in an unsecured location when the crew had gone for lunch right before Baldwin was to use the firearm in the scene.

Hannah Gutierrez-Reed has been pushing back against blame for the 'Rust' shooting.

Jason Bowles, the attorney for Gutierrez-Reed, has alleged that his client was the target of sabotage on the film, and was “framed.”

Subscribe to our newsletter.

Hey You! Want more of YourTango's best articles, seriously addictive horoscopes and top expert advice? Sign up to get our free daily newsletter!

Half a dozen union camera-crew workers had also walked offset in protest of working conditions just hours before Hutchins was shot. 

There had even been two misfires of the prop gun, leading many crew members to reveal that there wasn’t much talk of safety measures.

During an exchange with paparazzi outside of his home on October 30, Baldwin called the incident  a “one-in-a-trillion episode.”

Right after the tragic shooting, Baldwin had posted a series of tweets addressing the occurrence, as well as revealing that he was fully cooperating with police.

“There are no words to convey my shock and sadness regarding the tragic accident that took the life of Halyna Hutchins, a wife, mother and deeply admired colleague of ours,” he wrote.

“I’m fully cooperating with the police investigation to address how this tragedy occurred and I am in touch with her husband, offering my support to him and his family. My heart is broken for her husband, their son, and all who knew and loved Halyna.”’

RELATED: Alec Baldwin Could Be Charged With A Crime For Death Of Halyna Hutchins

Nia Tipton is a writer living in Brooklyn. She covers pop culture, social justice issues, and trending topics. Follow her on Instagram.