Alec Baldwin is being sued by a Rust crew member over the fatal on-set shooting of a cinematographer last month, lawyers said on Wednesday.
The negligence suit also names Hannah Gutierrez-Reed (armored) who claimed through her legal representatives that she was being “framed” for the death of Halyna Hutchins.
Chief lighting technician for the low-budget movie, Serge Svetnoy, says in the lawsuit that the accidental killing “was caused by the negligent acts and omissions” of lead actor and producer Baldwin and others.
“Simply put, there was no reason for a live bullet to be placed in that .45 Colt revolver or to be present anywhere on the Rust set, and the presence of a bullet in a revolver posed a lethal threat to everyone in its vicinity,” the suit, submitted to a Los Angeles court, reads.
Baldwin, the assistant director Dave Halls and armourer Gutierrez-Reed did not follow film industry practice on the handling of weapons and “allowed a revolver loaded with live ammunition to be pointed at living persons,” the suit alleges.
The Emmy award-winning actor was handed the firearm by Halls, who declared it “cold” – industry lingo for an inert weapon. Halls later told investigators he had not fully checked the weapon before handing it to Baldwin..
Svetnoy said he was close when Baldwin fired the gun on 21 October. He felt a “strange and terrifying whoosh” as the bullet sped past him, and he was hit in the face by gunpowder and “residual materials.”
The suit describes how Svetnoy had rushed to help his friend as she lay dying on the ground. “As he held her, he noticed that the hand placed behind her back was becoming wet with her blood,” it says.
“The next 20-30 minutes felt like the longest of plaintiff’s life as he tried to aid and comfort Ms. Hutchins, watching helplessly as her consciousness faded inexorably away.”
The 24-year-old Gutierrez-Reed was responsible for firearms and ammunition on the set of the film but in a statement issued on Wednesday, her lawyers insisted again she did not know why there was a live round on the set.
“We are asking for a full and complete investigation of all of the facts, including the live rounds themselves, how they ended up in the ‘dummies’ box, and who put them in there,” attorney Jason Bowles said.
“We are convinced that this was sabotage and Hannah is being framed. We believe that the scene was tampered with as well before the police arrived.”
Santa Fe County district attorney, Mary Carmack-Altwies, in an interview broadcast on Wednesday, rejected the notion of a conspiracy. “We do not have any proof,” she said on ABC News.
Baldwin called the tragedy a “one in a trillion episode” and insisted Rust had a “well-oiled crew”. But reports have emerged since the shooting of disquiet among staff over allegedly lax safety procedures, and Santa Fe Sheriff Adan Mendoza has spoken of “complacency” on the set.
Mendoza said previously his officers seized more than 500 rounds of ammunition from the set, which they believed to be a mix of blanks, dummy rounds, and some suspected live ammunition.