The lawsuit, which was filed in Los Angeles, accuses Baldwin of choosing “to play Russian roulette when he shot a gun without checking it and without the gunsmith checking it in his presence”, Mitchell’s lawyer Gloria Allred said in a news report on Wednesday. conference announcing the trial.
“Alec Baldwin should have assumed that the gun in question was loaded unless and until it was demonstrated or verified by him that it was not loaded,” says the trial.
In addition to Baldwin, the lawsuit names the film’s production company, Rust Movie Productions, LLC, gunsmith Hannah Gutierrez Reed, assistant director David Halls, and other members of the production. 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 outcome.”
Gutierrez Reed is accused in Mitchell’s lawsuit of leaving the gun unattended during a lunch break on a cart rolling outside the building where the filming took place on the set in New Mexico.
Lawyers for Gutierrez Reed have claimed that the live ammunition ended up in a box of dummy bullets as “sabotage”, but did not provide any evidence to support the claim. They also said she was devastated and heartbroken by the tragedy and had cooperated with the investigation.
Mitchell is asking for financial compensation because she “was shocked, traumatized andâ¦ suffered physical and emotional damage because of what she saw, heard and experienced when she was in the crosshairs,” said Allred at the press conference.
The script supervisor, a 40-year industry veteran, hasn’t worked since filming.
The Santa Fe Sheriff’s Office is investigating the shooting and has yet to release any findings.
CNN has reached out to the production company, representatives for Baldwin, Halls and Gutierrez Reed for comment.
And Rust Movie Productions, LLC has said actor safety is “the top priority.”
âWhile we have not been made aware of any official complaints regarding the safety of weapons or accessories on set, we will be conducting an internal review of our procedures while production is down,â the company said.
Mitchell describes timing of shooting in trial
Mitchell said she was standing near Hutchins and Souza when the shot was fired and was the first to call 911 for help on October 21, telling them: “We have need help immediately “.
She described when the shooting happened by reading a statement prepared at Wednesday’s press conference.
“A deafening gunshot. I was stunned. I heard someone moan, I turned around and my director was falling back and holding his upper body and I turned to Alec and saw Halyna get off to the left of me, âMitchell said.
âHe’s not responsible for checking it.â¦ It’s not the deputy director’s job. If he chooses to check the gun because he wants to make sure everyone is safe, he can do it, but it’s not his responsibility, âTorraco said.
Mitchell’s lawsuit accuses Baldwin of failing to check the gun before using it.
“He had no right to rely on an alleged statement by the deputy director that it was a ‘cold gun’,” the lawsuit claims, referring to Baldwin.
Mitchell’s attorney Allred added that Baldwin unexpectedly unloaded the gun, although no rehearsals were scheduled at the time – noting that even though they were filming the scene, that did not include firing a weapon.
The lawsuit also claims Mitchell believes there have been two previous misfiring incidents – one by Baldwin’s stuntman and “a prop master who accidentally shot himself in the foot.”
CNN’s Sandra Gonzalez contributed to this report.