The family of Halyna Hutchins has filed a wrongful death suit against Alec Baldwin and others involved in the production and alleged at least 15 industry standards were breached on the day the Rust cinematographer died.
The case alleges Baldwin “recklessly shot and killed” Hutchins on the New Mexico set outside Santa Fe on October 2021 and alleged the film’s star/executive producer and others including armourer Hannah Gutierrez Reed and AD Dave Halls failed to perform industry standard safety checks and follow basic gun safety rules while using real guns to produce Rust.
The suit marks the first time the family led by Hutchins’s husband Matthew Hutchins has taken action after a flurry of legal action from other parties. Hutchins, 42, was struck in the chest when a gun in Baldwin’s hands discharged during a rehearsal of a cross draw. She was rushed to hospital and died later that day. Director Joel Souza, who was standing behind Hutchins and was hit in the shoulder, survived.
Law firm McGinn Montoya Love & Curry filed the suit in Albuquerque, New Mexico and the family’s attorney Panish Shea announced the development at a press conference in downtown Los Angeles on Tuesday (15) when he said reckless behavior and cost-cutting lead to the death.
He also showed a dramatic nine-minute 3D animated rendering of what the family says took place prior to the shooting. The rendering shows texts in which crew members referred to three prior accidental discharges on the production, as well as footage from Baldwin’s December interview on ABC in which he said he received the gun but did not pull the trigger.
Attorneys allege at least 15 breaches of industry standards including failure to use a replica or rubber prop gun; failure to refrain from pointing the gun at anyone; failure to have only qualified people inspect the weapon; and failure to keep all people at a safe distance from the weapon firing area. Attorneys for the family have not put a sum on the damages they are seeking and it is estimated the civil matter will go to trial within the next 18 months.
Baldwin has maintained he is not responsible for the death. His attorneys at Pillsbury Winthrop Shaw had not replied to Screen for a comment on Tuesday’s filing.
The case remains under investigation by Santa Fe Country Sheriff’s Office and at time of writing no charges have been brought.
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