Mitchell, who called 911 after Baldwin discharged the prop gun on set, filed the assault lawsuit against Baldwin this week. She was “standing close” to Hutchins when she was fatally shot by Baldwin on the Santa Fe, New Mexico set, and her complaint accuses Baldwin of being responsible for the cinematographer’s death. She claims that the actor did not follow safety protocols on the set, and neither did the movie’s producers, assistant director Dave Halls, and armorer Hannah Gutierrez-Reed.
“Alec Baldwin intentionally, without just cause or excuse, cocked and fired the loaded gun even though the upcoming scene to be filmed did not call for the cocking and firing of the firearm,” reads the suit, which was filed in Los Angeles County Superior Court on Wednesday. “Mr. Baldwin chose to play Russian Roulette with a loaded gun without checking it and without having the armorer do so.”
Mitchell’s suit additionally stated that Baldwin should have checked the prop gun he was handed on set, which was given to him by AD Dave Halls. As “an industry veteran,” he should have made sure it was safe before firing it, she alleges, even though Halls allegedly declared the prop a “cold gun” on set.
“Alec Baldwin should have assumed that the gun in question was loaded unless and until it was demonstrated to him or checked by him that it was not loaded,” the complaint reads. “He had no right to rely upon some alleged statement by the Assistant Director that it was a ‘cold gun.’ Mr. Baldwin cannot hide behind the Assistant Director to attempt to excuse the fact that he did not check the gun himself.”
The lawsuit comes a week after the first lawsuit was filed in connection with the fatal shooting of Hutchins on the Rust set. The troubled film’s gaffer, Serge Svetnoy, filed his suit against Baldwin, producers on the film, Reed, and Halls. “This incident was caused by the negligent acts and omission of Defendants, and each of them, as well as their agents, principals, and employers,” the complaint of general negligence goes on to say. “Simply put, there was no reason for a live bullet to be placed in that .45 Colt revolver 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.”