Script supervisor Marnie Mitchell was “the first to call 911” and was “standing close” to Halyna Hutchins when she was shot and killed, her lawyer says.
Attorney Gloria Allred told a press conference in Los Angeles that Baldwin had “chose to play Russian Roulette” when he fired a gun he had not personally checked.
Ms Mitchel is claiming assault, intentional infliction of emotional distress, and deliberate infliction of harm in the lawsuit that also names armorer Hannah Gutierrez Reed, prop master Sarah Zachry and assistant producer Dave Halls.
The lawsuit claims that Baldwin “intentionally, without just cause or excuse, cocked and fired a loaded gun” even though the upcoming scene “did not call for the cocking and firing of a firearm”.
Ms Allred claimed during a press conference that there were danger signs over the gun usage on set in the days leading up to the fatal incident.
“Mr Baldwin chose to play Russian roulette when he fired a gun without checking it and without having the armorer do so in his presence,” she said.
And she added: “His behavior and that of the producers on Rust was reckless.”
Meanwhile, George Clooney has called the incident on the New Mexico set of the western “insane” and “infuriating”.
“Why, for the life of me, this low-budget film with producers who haven’t produced anything wouldn’t have hired for the armorer someone with experience … they weren’t even using that gun to do target practice and that is insane,” Clooney said on Marc Maron’s “WTF” podcast.
Clooney recalled his friendship with actor Brandon Lee, who was accidentally shot and killed on a movie set in 1993.
“After Brandon died, it really became a very clear thing of: open the gun, look down the barrel, look in the cylinder, make sure. It’s a series of tragedies, but, you know, a lot of stupid mistakes,” Clooney said.
The Rust accident last month, which claimed the life of Hutchins and also injured director Joel Souza, is still under investigation.
Baldwin has told authorities that he had been told that the gun he was using in the scene was “cold” when in fact it was loaded with live ammunition.
The Rust set gaffer, Serge Svetnoy, has already filed a lawsuit against the production, financiers, Alec Baldwin, armorer Hannah Gutierrez Reed, first assistant director David Halls and others.
Actor Daniel Baldwin has told CNN that his brother had no responsibility for the fatal accident.
“Alec has no blame in this at all. The armorer is responsible for the weapons. The actor is an idiot,” he said.
“The protocol exonerates Alec of any responsibility at all. The first AD should have witnessed an empty weapon being handed to him or fired the gun himself.
“I don’t know what caused him to announce ‘cold weapon’ on set. That announcement alone exonerates Alec of any wrongdoing or any responsibility.”
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