The family of cinematographer Halyna Hutchins has filed a wrongful death lawsuit against Alec Baldwin and other crew members of Rust following her death on the New Mexico set four months ago.
Her husband, Matthew Hutchins, filed a complaint on behalf of himself and their 9-year-old son, Andros, on Tuesday, claiming Baldwin “recklessly shot and killed Halyna Hutchins on the set of the movie Rust.” Attorney Brian Panish announced the lawsuit in a press conference in Los Angeles, alleging that Baldwin and “others responsible for the safety on set” led to Hutchins’ “senseless and tragic death.”
“Halyna deserved to live,” reads the complaint, which was obtained by PEOPLE. “The Defendants had the power to prevent her death if they 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.”
Hutchins’ family is suing for negligent, intentional, willful, or reckless misconduct resulting in wrongful death and loss of consortium. They’re asking for compensatory and punitive damages to be determined at trial.Enter your email to sign up for our daily newsletters.close dialog
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Aaron Dyer, an attorney for Baldwin and other producers of Rust, responded to the lawsuit in a statement issued to EW, asserting that “any claim that Alec was reckless is entirely false.”
“Everyone’s hearts and thoughts remain with Halyna’s family as they continue to process this unspeakable tragedy,” Dyer said. “We continue to cooperate with the authorities to determine how live ammunition arrived on the Rust set in the first place.”
Halyna Hutchins | CREDIT: FRED HAYES/GETTY IMAGES
In October, Baldwin accidentally shot Hutchins and director Joel Souza during a camera test at the Bonanza Creek Ranch set in New Mexico. Hutchins died from her injuries after being airlifted to a hospital; Souza survived.
According to an affidavit from the sheriff’s department, approximately 300 live rounds were recovered on set following a search warrant, renewing conversations about workplace safety and the use of firearms on set. The shooting unfolded hours after half a dozen camera crew workers were replaced by nonunion workers who had walked off set to protest unsafe working conditions, the Los Angeles Times reported.
After Panish announced the suit Tuesday, he and his firm presented a video featuring a 3-D animated rendering of the shooting, as well as a video showing messages among crew complaining about the safety on set. Panish alleged that industry safety standards were disregarded on set, adding, “Had they been followed, this never would have happened.”
In response, Dyer denied the assertion, arguing, “He [Baldwin], Halyna and the rest of the crew relied on the statement by the two professionals responsible for checking the gun that it was a ‘cold gun’ – meaning there is no possibility of a discharge, blank or otherwise.”
“This protocol has worked on thousands of films, with millions of discharges, as there has never before been an incident on a set where an actual bullet harmed anyone,” Dyer added. “Actors should be able to rely on armorers and prop department professionals, as well as assistant directors, rather than deciding on their own when a gun is safe to use.”
Alec Baldwin | CREDIT: MARK SAGLIOCCO/GETTY
Baldwin and the production are also facing other lawsuits: Chief electrician Serge Svetnoy and script supervisor Mamie Mitchell have both filed their own suits pertaining to negligence on set. Baldwin’s attorneys are currently pursuing a dismissal of Mitchell’s lawsuit.
In his first interview following the incident, Baldwin insisted to ABC News that he “didn’t pull the trigger,” telling journalist George Stephanopoulos that he felt remorseful, but absolved himself of fault.
“No, no. I might have killed myself if I thought I was responsible, and I don’t say that lightly,” Baldwin said, adding that the shooting has taken a toll on him. “I go through my day, and I make it through the day. Then I collapse at the end of the day. Emotionally, I collapse.”
Baldwin met with Matthew and Andros in Sante Fe shortly after the shooting. Matthew confirmed to the Daily Mail that he had spoken with Baldwin, whom he described at the time as “being very supportive.” Baldwin spoke about meeting Matthew during his interview with ABC News, saying, “I didn’t know what to say. He hugged me and he goes, ‘I suppose you and I are going to go through this together.’ And I thought, ‘Well, not as much as you are.’
“I told him, I said, ‘I don’t know what to say; I don’t know how to convey to you how sorry I am and how I’m willing to do anything I can to cooperate.'”
The Sante Fe Sheriff’s Office has not yet charged anyone in the incident.
