In a counterclaim filed in Los Angeles Superior Court Friday, Baldwin’s lawyers say Hutchins died because of the disobedience of the defendants Hannah Gutierrez-Reed, a veteran of the film; deputy director David Halls; props master Sarah Zachry; gun dealer Seth Kenney; and Kenney’s business, PDQ Arm and Prop.
USA TODAY has reached out to attorneys for Gutierrez-Reed and Halls for comment. The names of Kenney and Zachry were not available as of Friday night. The Santa Fe District Attorney’s Office is still investigating the incident.
With the lawsuit, Baldwin seeks to “clear his name” in the shooting, in which he was “incorrectly identified as the perpetrator” of the shooting during the shooting, the filing states. The actor, 64, also aims to hold the accused accountable.
“There can be no doubt that others have suffered from the negligence of the Cross-Defendants more than Baldwin,” the suit reads. “Hutchins lost his life, and his young child lost his mother. The producer Joel Souza was shot in the shoulder and suffered physical and mental pain. Although it has never been compared, Baldwin has to live with great sadness, and the resulting emotional, physical. , and the amount of money, caused by the story that the Cross-Defendants’ careless conduct, assurance, and care placed a loaded weapon in his hand and led him, Hutchins, and all others present to believe that his use of the weapon was safe. .”
The suit adds: “The accident occurred because live bullets were brought to the set and loaded into the gun, Gutierrez-Reed failed to properly check the bullets or the gun, Hall failed to properly check the gun but declared the gun safe while giving it to Baldwin, and Zachry Gutierrez failed to disclose that -Reed was acting foolishly and it was a danger to those around him.”
The suit says Baldwin, who is one of the film’s producers, played no role in hiring Gutierrez-Reed. It also says that Kenney and his company kept documents without proper labels or organization and that “their driver’s failure to respect the proper separation between live and dummy ammunition is one of the reasons that led to the presence of live guns on the base.”
The suit also alleges that, as an actor, Baldwin failed to check the ammunition in his gun and that he “lost numerous career opportunities and related income” as a result of the shooting.
“During the past year, Baldwin has suffered serious injuries as a result of the events of October 21st,” the suit states. “He suffered physically and mentally from the trauma caused by these events. Not a day goes by that he doesn’t think about, and suffer from, the events that happened that day.”
In early October, Baldwin announced that he had reached a settlement in a wrongful death lawsuit filed by Hutchins’ family. As part of the deal, the filmmaker’s husband Matthew Hutchins will serve as executive producer on the movie, which will begin production in January. He was a plaintiff in the suit along with the couple’s 9-year-old son, Andros.
“We have settled, subject to court approval, our wrongful death lawsuit against the producers of ‘Rust’ including Alec Baldwin and Rust Movie Productions,” Matthew Hutchins said in a statement provided to USA TODAY at the time. “I have no desire to blame or blame (the producers or Mr. Baldwin). We all believe that Halyna’s death was a tragic accident. I believe that the producers and the entertainment community came together to pay their respects. to Halyna’s final performance.”
USA TODAY also obtained a statement from Baldwin’s attorney, Luke Nikas of Quinn Emanuel: “Throughout this difficult process, everyone has maintained a genuine desire to do what is best for Halyna’s son. We are grateful to everyone who has helped in the resolution of this tragic and painful situation.”
Terms of the settlement were not disclosed.
The Santa Fe District Attorney’s office indicated that the agreement will not be related to the criminal case.
Distribution: Brian Truitt