After settling a wrongful death lawsuit with killed "Rust" The family of cinematographer Halyna Hutchins, Alec Baldwin, has filed their own lawsuit against several people for the accidental shooting that took his life.

Movies

Alec Baldwin sues ‘Rust’ gunsmith, more for fatal shot with propeller gun

November 12, 2022

After settling a wrongful death lawsuit with Halyna Hutchins’ family last month, Alec Baldwin filed his own lawsuit against several people for the shooting that claimed the life of cinematographer ‘Rust’ .

In a counterclaim filed Friday in Los Angeles Superior Court, Baldwin’s attorneys allege that Hutchins died due to the negligence of defendants Hannah Gutierrez-Reed, the film’s gunsmith; assistant director David Halls; props Sarah Zachry; arms and ammunition supplier Seth Kenney; and Kenney’s business, PDQ Arm and Prop.

USA TODAY has reached out to attorneys for Gutierrez-Reed and Halls for comment. Contacts for Kenney and Zachry could not be located Friday night. The Santa Fe District Attorney’s Office is still reviewing the incident.

By filing the lawsuit, Baldwin is seeking to “clear his name” from the shooting, in which he was “wrongly believed to be the perpetrator” for firing the gun during filming, the filing says. The actor, 64, also aims to hold the defendants “accountable”.

“There is no doubt that others have suffered much more from the negligence of the crusader defendants than Baldwin,” the lawsuit states. “Hutchins lost his life and his young child lost his mother. Producer Joel Souza was shot in the shoulder and suffered physical and emotional pain. Although in no way comparable, Baldwin must live with the immense grief and the emotional, physical, and financial toll, caused by the negligent driving, reassurances, and supervision of the counter-defendants putting a loaded gun in his hand and bringing him, Hutchins, and everyone else on the set to believe that his directed use of the weapon was safe.”

The suit adds: “This tragedy occurred because live ammunition was delivered to the set and loaded into the gun, Gutierrez-Reed did not carefully check the bullets or the gun, Halls did not check the gun with care and yet announced that the gun was safe before handing it to Baldwin, and Zachry did not disclose that Gutierrez-Reed had acted recklessly off set and posed a safety risk to those who ‘surrounded.”

The lawsuit claims that Baldwin, who is also one of the film’s producers, had no role in hiring Gutierrez-Reed. He also alleges that Kenney and company stockpiled without proper labels or organization and that “their cavalier disregard for proper separation between live and dummy ammunition was one of the factors which led to the presence of live ammunition on the plateau”.

The lawsuit also says that as an actor, Baldwin had no responsibility to check his prop gun ammunition and that he “lost numerous employment opportunities and associated income” as a result of shooting.

Alec Baldwin settles his lawsuit With Halyna Hutchins’ Family, ‘Rust’ Resumes Filming

“Over the past year, Baldwin has suffered significant damage as a result of the events of October 21,” the lawsuit states. “He suffered physically and emotionally from the grief caused by these events. Not a day goes by that he doesn’t think 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 settlement, the cinematographer’s husband, Matthew Hutchins, will serve as executive producer on the film, with production set to resume in January. He was a plaintiff in the lawsuit along with the couple’s 9-year-old son, Andros.

“We have reached a settlement, subject to court approval, for our wrongful death case 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 interest in engaging in recriminations or blaming (the producers or Mr. Baldwin). We all believe that Halyna’s death was a terrible accident. I am grateful that the producers and the entertainment community came together to pay tribute to Halyna’s final work.”

A year after the filming of “Rust” by Alec Baldwin, there are few answers about the tragedy

USA TODAY also obtained a statement from Baldwin’s attorney, Luke Nikas of Quinn Emanuel: “Throughout this difficult process, everyone has maintained a specific desire to do what is best for Halyna’s son. We are grateful to everyone who contributed to the resolution of this tragic and painful situation.

Terms of the settlement were not disclosed.

The Santa Fe District Attorney’s Office said the agreement would not affect the criminal case.

Halyna Hutchins slain after “horrible” prop gun misfires; Joe Manganiello, more pay tribute

Contributor: Brian Truitt