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America June 7, 2024 4 mins read

Hutchins’ Family Files New Suit Against Alec Baldwin in New Mexico

America ı By Rochdi Rais

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Hutchins' Family Files New Suit Against Alec Baldwin in New Mexico

The family of Halyna Hutchins, the cinematographer killed on the set of "Rust," has filed another civil suit against Alec Baldwin, this time in New Mexico, according to a complaint filed Wednesday in Santa Fe County court.

The latest suit reiterates claims that Hutchins' death was preventable and stemmed from known safety failures on the Santa Fe set, specifically the use of live ammunition and breaches of firearm protocols.

"Despite warning signs about unsafe conditions on set, defendants ignored the safety protocols designed to ensure that firearms would be safely used and acted in contravention of industry-standard safety norms," Hutchins' family alleged in the complaint.

Hutchins' family, along with script supervisor Mamie Mitchell, initially sued Baldwin, "Rust" armorer Hannah Gutierrez-Reed, and several producers and production companies in California state court. The new lawsuit follows a Los Angeles County Superior Court decision that it lacked jurisdiction over key defendants in the earlier case, according to a statement from the plaintiffs' attorneys issued Thursday.

Gloria Allred, one of the family's attorneys, stated that her clients "seek to hold lead actor and producer Alec Baldwin, along with other producers and individuals, liable for Halyna's untimely and tragic death."

Hutchins was killed in October 2021 during a dress rehearsal for the Western. Baldwin, who faces a criminal charge stemming from her death, was holding a revolver that discharged, killing Hutchins and wounding director Joel Souza.

The new complaint repeats many previous allegations, asserting that Baldwin, Gutierrez-Reed, and other defendants were aware of the dangerous conditions on set. Prior "unexpected gun discharges" had been reported days before the incident, and union camera operators and their assistants had walked off the set just hours before Hutchins was killed, the complaint states.

Mitchell, who was standing close to Hutchins during the incident, claims Baldwin cocked and fired the loaded gun "without just cause or excuse."

"The upcoming scene to be filmed did not call for the cocking and firing of a firearm," the complaint states.

Moreover, the complaint asserts that an assistant director should have handed Baldwin the gun and demonstrated that its chambers were empty. Instead, Gutierrez-Reed gave Baldwin the gun, and Baldwin did not check if it was loaded.

These actions, among others, made "this a case where injury or death was much more than just a possibility — it was a likely result," the complaint alleges.

The plaintiffs are seeking unspecified compensatory and punitive damages, civil penalties, court costs, and attorney fees.

Allred emphasized that "while we had successfully litigated this case in California against many of the same defendants being named in our New Mexico lawsuit, there were key defendants over whom the court ruled there was no personal jurisdiction in California."

She added that the court's finding that some defendants lacked the necessary "minimum contacts" with California highlights the cost-cutting measures on the film that led to Hutchins' death.

"Individuals were hired, including those responsible for the cast and crew's safety, who had little to no experience working in films and, as such, with little to no contacts in Hollywood," Allred said.

Counsel for Baldwin and Gutierrez-Reed did not immediately respond to requests for comment late Thursday.

Earlier this week, prosecutors asked a New Mexico state judge to grant immunity to Gutierrez-Reed as part of their efforts to have her testify during Baldwin's upcoming involuntary manslaughter trial. Gutierrez-Reed, who loaded Baldwin's gun before it fired on the set, was convicted of involuntary manslaughter in March.

The plaintiffs are represented by John C. Carpenter, Carlos A. Hernandez, and Alina S. Vulic of Carpenter & Zuckerman, Gloria Allred of Allred Maroko & Goldberg, Kate Ferlic, Brian Egolf, and Ben Osborn of Egolf Ferlic Martinez Harwood LLC, and Daniel Ghyczy of Alexandroff Law Group.

Counsel information for the defendants wasn't immediately available Thursday.

The case is Olga Solovey et al. v. Rust Movie Productions LLC et al., case number 2024-01373, in New Mexico's First Judicial District, County of Santa Fe.

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Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

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