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 script supervisor on the set of “Rust,” Mamie Mitchell, has filed a lawsuit against actor and producer Alec Baldwin and other production figures over the on-set shooting that killed the film’s cinematographer. She wants compensation for mental distress.
The lawsuit, which was filed in Los Angeles, accuses Baldwin of choosing “to play Russian roulette when he fired a gun without checking it and without having the armorer checking it in his presence,” Mitchell’s attorney, Gloria Allred, said Wednesday during a news conference announcing the lawsuit.
“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 states.
“He had no right to rely upon some alleged statement by the Assistant Director that it was a ‘cold gun,'” the lawsuit claims, referring to Baldwin, reports CNN.
“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, which was filed in Los Angeles Superior Court, said, according to the NY Times.
Baldwin said in several interviews that Halyna told him to point the gun at her.
“The fact that live ammunition was allowed on a movie set, that guns and ammunition were left unattended, that the gun in question was handed to Mr. Baldwin by the assistant director who had no business doing so, the fact that safety bulletins were not promulgated or ignored, coupled with the fact that the scene in question did not call for a gun to be fired at all, makes this a case where injury or death was much more than just a possibility — it was a likely result,” the lawsuit said, the NY Times reports.
OTHERS ARE NAMED
In addition to Baldwin, the lawsuit names the film’s production company, Rust Movie Productions, LLC, armorer Hannah Gutierrez Reed, assistant director David Halls, and other production members. Allred said the film’s production team failed to follow industry procedures, creating an environment where “injury and death was more than a possibility, it was a likely result.”
Gutierrez Reed is accused in Mitchell’s lawsuit of allowing the gun to be left unattended during a lunch break on a rolling cart outside the building where the shooting occurred on the film set in New Mexico.
Mitchell’s lawsuit said Halls handed the gun to Baldwin before it was fired. A search warrant affidavit filed last month said Halls yelled, “cold gun,” which means the firearms didn’t have live rounds, before handing the gun to Baldwin.
But earlier this month, Halls’ attorney, Lisa Torraco, told Fox News that it wasn’t Halls’ job to check the weapon.
Allred, Mitchell’s attorney, added that Baldwin unexpectedly discharged the weapon, even though no rehearsal was scheduled at that time — noting that even if they were filming the scene, it did not include firing a weapon.
The lawsuit also claims that Mitchell believes that there were two prior misfiring incidents — one by Baldwin’s stunt double and “a prop master who accidentally shot herself in the foot.”