Alec Baldwin says he was following orders from Halyna Hutchins when handling gun, claims contract protects him from shooting death lawsuits: Docs



Alec Baldwin refused to take any responsibility for the shooting death of cinematographer Halyna Hutchins during the filming of the movie "Rust," according to a new filing. The Hollywood actor also argued that his contract protects him financially from any deaths that occurred during the filming of the movie in New Mexico.

New details about the "Rust" shooting death emerged through a court filing on Friday.

On Oct. 21, the movie crew were rehearsing a scene inside the church on Bonanza Creek Ranch with Baldwin as the character Harland Rust.

Content warning: Some viewers may find the video disturbing

WATCH \u2014\u00a0Lawyers for Halyna Hutchins released a video re-enacting the movie-set shooting showing when she was killed by Alec Baldwin\n\nhttps://nypost.com/2022/02/15/alec-baldwin-sued-by-cinematographer-halyna-hutchins-family/\u00a0\u2026pic.twitter.com/joRc7SkttM
— Jon Levine (@Jon Levine) 1644962303

The filing states that Hutchins "directed Baldwin to hold the gun higher, to a point where it was directed toward her."

"She was looking carefully at the monitor and then at Baldwin, and then back again, as she gave these instructions," court documents read, according to the New York Times. "In giving and following these instructions, Hutchins and Baldwin shared a core, vital belief: that the gun was 'cold' and contained no live rounds."

Baldwin asked Hutchins if she wanted him to pull back the hammer of the gun — as the script instructed — and she said, "Yes," according to the filing.

"Baldwin then pulled back the hammer, but not far enough to actually cock the gun," the filing continued. "When Baldwin let go of the hammer, the gun went off."

The Times noted that the filing described the "confusion and horror after the shooting, as Ms. Hutchins was flown by helicopter to a hospital, where she was later pronounced dead."

Baldwin’s lawyer, Luke Nikas, claimed that the actor was not responsible for the fatal shooting of the 42-year-old Hutchins.

"Someone is culpable for chambering the live round that led to this horrific tragedy, and it is someone other than Baldwin," Nikas wrote in the filing. "This is a rare instance when the system broke down, and someone should be held legally culpable for the tragic consequences. That person is not Alec Baldwin."

The filing asserts that "Rust" armorer Hannah Gutierrez-Reed told Baldwin, "It was her job to check the gun — not his."

"An actor cannot rule that a gun is safe," the filing said. "That is the responsibility of other people on the set."

Nikas also claimed that Baldwin's contract absolved him of any financial repercussions from death during the filming of "Rust." Nikas said that there is a clause in Baldwin's contract with Rust Movie Productions L.L.C. that releases the actor from financial responsibility for legal fees or claims stemming from death on the set of the movie. The document names Rust Movie Productions L.L.C. and producer Ryan Smith as the respondents in the claim.

The filing also said Baldwin was to be paid $250,000 to act and produce the low-budget western. The docs claim that Baldwin returned $100,000 as an "investment" in the movie.

In the weeks following Hutchins' death, Baldwin attempted to persuade the cast and crew of the movie to finish filming to honor Hutchins, according to the filing. Nikas added that there was a plan to give the insurance payout and the film's profits to the Hutchins family.

The court docs revealed that Baldwin exchanged text messages with Matthew Hutchins, the widower of the slain cinematographer. The relationship started off promising with a breakfast in Santa Fe that included Hutchins' 9-year-old son.

"Hutchins hugged Baldwin and told him, 'I guess we’re going to go through this together,'" according to the filing.

However, the relationship took a turn last month when the family of Halyna Hutchins filed a wrongful death lawsuit against Alec Baldwin and other producers for their involvement in the deadly shooting.

Mamie Mitchell — the script supervisor for the Western movie — filed a lawsuit against Baldwin in November. The suit claims that Baldwin acted "intentionally, without just cause or excuse" in the lethal shooting.

Also in November, the head of lighting for the movie filed a lawsuit against "Rust" producers, including Alec Baldwin. Key gaffer Serge Svetnoy claimed to have suffered "severe emotional distress" because of the accidental shooting on the set that "will haunt him forever."

On Saturday at the Boulder International Film Festival, Baldwin blasted people who have filed lawsuits against him and said they were only targeting him because he is wealthy.

"What you have is a certain group of people, litigants and whatever ... on whatever side who their attitude is, oh, the people who likely seem negligent have no money, and the people who have money are not negligent, but we're not gonna let that stop us from doing what we need to do in terms of litigation," Baldwin said. "So we have people that are suing people that they think are deep-pocket litigants."

The 63-year-old actor added, "Why sue people if you're not going to get money? That's what you're doing it for."

Family of slain 'Rust' cinematographer sues Alec Baldwin, other producers for 'reckless conduct'



The family of Halyna Hutchins, the cinematographer shot and killed during production of the movie "Rust" last year, filed a wrongful death lawsuit on Tuesday against Alec Baldwin and other producers for their involvement in the fatal shooting.

Hutchins, 42, died on Oct. 21 while preparing to film a scene at the Bonanza Creek Ranch near Santa Fe, New Mexico. The crew was reportedly lining up camera angles when an old-fashioned revolver held by Baldwin went off, sending a bullet through Hutchins's torso. The bullet would go on to strike the film's director, Joel Souza, as well, before lodging in his shoulder.

Hutchins is survived by her husband, Matthew Hutchins, and the couple's 9-year-old son, Andros.

In the lawsuit, the family accused Baldwin and others of reckless conduct and aggressive cost-cutting measures that endangered the crew and ultimately led to Hutchins' death.

"Halyna Hutchins deserved to live, and the Defendants had the power to prevent her death if they had only held sacrosanct their duty to protect the safety of every individual on a set where firearms were present, instead of cutting corners on safety procedures where human lives were at stake, rushing to stay on schedule, and ignoring numerous complaints of safety violations," the lawsuit states, according to the New York Times.

In a news conference held in Los Angeles, California, after filing the suit, attorney Brian Parish said the family is seeking "substantial" and "fair" compensation, noting Matthew "lost his long-term wife who was the love of his life, and his son has lost a mother."

"It is a young boy who will never have a mother," Panish said, according to Yahoo News. "We need to hold the people responsible that engaged in this cost-cutting and reckless behavior causing this senseless death... it never should have happened."

Panish would go on to say that many people are culpable in Hutchins's death, though he singled out Baldwin.

"Mr. Baldwin was the person holding the weapon that, but for him shooting it, she would not have died. So clearly, he has significant portion of liability but there are others and that's what this case is gonna be about," Panish said.

"Alec had the gun in his hand, he shot it, Halyna was killed," Panish said. "The gun cannot fire unless the trigger is engaged and the hammer is back."

In the months following the tragic incident, Baldwin has expressed remorse but maintained that he was pointing the gun at Hutchins at her request and did not pull the trigger, a claim that has been backed up by "Rust" assistant director, Dave Halls. Baldwin has also maintained that the gun was declared "cold" moments before he took hold of it.

"Someone put a live bullet in a gun, a bullet that wasn't even supposed to be on the property," Baldwin said in December. "Someone is responsible for what happened, and I can't say who that is, but I know it's not me."

Critics, however, have suggested that guns don't just go off and that Baldwin and others on set appeared to have been breaking the most basic standards of gun safety. Reports surfaced claiming the crew had used firearms used in the movie for live-ammo target practices.

The Santa Fe County Sheriff’s Office continues to investigate the incident, with a focus on determining how a live round made it onto the set and inside a gun that would be used in the movie.

Report: Gun used by Alec Baldwin in lethal shooting had been used for live-ammo target practice that morning



The gun used by Alec Baldwin in the lethal accidental shooting on the set of his latest film had been used for live ammunition target practice that morning, according to one report.

The Wrap reported that a number of crew members from the "Rust" film set had taken some guns from the production to shoot at beer cans with live ammunition the morning of the tragic shooting. The report said that the gun used in the lethal accidental shooting later was among those used.

The Wrap reported that the shooting of targets was called "plinking" by crew members.

The fatal shooting of cinematographer Halyna Hutchins by Baldwin is still under investigation. The director of the movie was also injured in the same shooting.

On Tuesday the Santa Fe district attorney said that criminal charges had not been ruled out in the case.

"Everything at this point, including criminal charges, is on the table," said Mary Carmack-Altwies to the New York Times.

A search warrant released by law enforcement said that Baldwin had been handed the gun by first assistant director David Halls, who yelled "cold gun" to indicate that it did not have live ammunition in it. The document says Baldwin was rehearsing a scene when he pointed the gun at the camera lens when it fired.

Another report from the Los Angeles Times said that many of the crew members had walked off the set the morning of the shooting in protest of working conditions. The production company replaced them with nonunion members, according to the report.

"Corners were being cut — and they brought in nonunion people so they could continue shooting," said a crew member source with knowledge of the incident. "There was a serious lack of safety meetings on this set."

Baldwin tweeted about the incident from his account on Thursday.

"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 said. "My heart is broken for her husband, their son, and all who knew and loved Halyna."

Here's more about the tragic shooting:

'Rust' crew members reportedly used guns with live ammunition hours before deadly shooting on setwww.youtube.com

Actor Alec Baldwin fatally shoots cinematographer, injures director with prop gun on set of new movie: report



Actor Alec Baldwin reportedly fatally shot a cinematographer and director on his latest film, according to reports.

The cinematographer, 42-year-old Halyna Hutchins, died as a result of the incident, which wounded 48-year-old director Joel Souza.

No charges have been filed in connection with the case at the time of this reporting.

What are the details?

On Thursday night, CNN reported that Baldwin discharged a prop firearm on the New Mexico set of "Rust," striking Hutchins and Souza.

First responders rushed Hutchins to an area hospital, where she died of her injuries.

Souza was treated at another area hospital and released.

Juan Rios, a spokesperson for the Santa Fe County Sheriff's Office, said the incident remains under investigation, and authorities are working to determine how the incident occurred and what type of projectile was used in the firearm.

"According to investigators, it appears that the scene being filmed involved the use of a prop firearm when it was discharged," a statement from the sheriff's office read. "Detectives are investigating what type of projectile was discharged."

A report from the Santa Fe New Mexican noted that the 63-year-old actor was seen "distraught" and "in tears" outside the sheriff's office on Thursday night.

Baldwin, according to the report, is both a star of the film and one of its producers.

“We're treating this as we would any other investigation," Ríos added, noting that deputies are still trying to determine whether what happened was an accident.

Authorities locked down the Bonanza Creek Ranch set while deputies began the investigation.

What else do we know at this time?

In a statement on the incident, Rust Movie Productions told Deadline, "Production has been halted for the time being. ... [T]he safety of our cast and crew remains our top priority."

Fran Drescher — president of the Screen Actors Guild-American Federation of Television and Radio Artists — and Duncan Crabtree-Ireland, the union's national executive director, in a joint statement said, "We are devastated by this tragic news. Our hearts go out to the family of Director of Photography Halyna Hutchins who has passed away and to Director Joel Souza who is injured and hospitalized. This is still an active investigation and we do not yet have all the facts. We will continue to work with production, the other unions, and the authorities to investigate this incident and to understand how to prevent such a thing from happening again."