Family of slain cinematographer files wrongful death lawsuit naming Alec Baldwin and others

The family of the cinematographer slain on the set of Alec Baldwin's western filed a wrongful death lawsuit Tuesday against the actor and others.

Brian J. Panish, the attorney for the family of Halyna Hutchins, told a news conference in Los Angeles that his law firm conducted an extensive investigation of the shooting and commissioned an animated recreation of the accident based on eyewitness accounts. What they determined was a series of errors brought on by budget cuts, which led to a live round being discharged from Baldwin's gun even though the cast and crew were told otherwise, he said.

"We interviewed witnesses who were at the scene. We interviewed witnesses who could set the stage for what happened. Now we believe there were numerous violations of industry standards that occurred by Mr. Baldwin and others in charge of safety on the set," Panish said.

Aaron S. Dyer, Baldwin's lawyer, responded to the lawsuit with a statement that read, in part, "Any claim that Alec was reckless is entirely false."

Halyna Hutchins, the wife of a lawyer at Latham & Watkins LLP, was shot Oct. 21 while preparing to shoot a scene for a western called "Rust" in which Baldwin draws a revolver. A live round was discharged from the gun, killing Hutchins and injuring Joel Souza, the film's director.

Tuesday's lawsuit was filed by her husband, Matthew Hutchins; 9-year-old son; and the personal representative of Halyna Hutchins's estate. The complaint accuses Baldwin and others of reckless conduct and cost-cutting measures that endangered the crew, including failing to follow basic industry standard safety checks and gun safety rules. The complaint does not ask for a specific damages amount. Hutchins v. Baldwin, D-101-CV-2022-00244 (1st Jud. Dist. N.M., filed Feb. 15, 2022)

Panish's law firm, Panish Shea Boyle Ravipudi LLP, partnered with the Albuquerque lawyer Randi McGinn of McGinn, Montoya, Love & Curry.

A firearms expert hired by Panish concluded it was nearly impossible that Baldwin didn't pull the trigger when the gun fired as he claimed in an interview with George Stephanopoulos on ABC. Baldwin said in that interview that he held the hammer back and released it, accidentally firing what he believed was a "cold" weapon.

Panish's firearms expert, Steve Wolf, said he concluded the only way for the bullet to fire from this weapon, a F.LLI Pietta 1873 single action revolver, also known as a Peacemaker, was if the hammer was cocked back and the trigger pulled. Wolf concluded it was possible Baldwin was unaware he was squeezing the trigger at the same time he was cocking the hammer and that the hammer, when released, discharged the weapon. That gun fires a .45 caliber Colt bullet and is similar to the gun Wyatt Earp used during the gunfight at the OK Corral in Tombstone, Arizona.

Criminal charges have not been filed against Baldwin or anyone else in connection with the shooting, although the sheriff in Sante Fe is conducting an investigation. Panish said his investigators weren't allowed to test the gun.

"We continue to cooperate with the authorities to determine how live ammunition arrived on the "Rust" set in the first place," Dyer, of Pillsbury Winthrop Shaw Pittman LLP in Los Angeles, said.

"Everyone's hearts and thoughts remain with Halyna's family as they continue to process this unspeakable tragedy," Dyer said.

The lawsuit states "Halyna Hutchins deserved to live, and the Defendants had the power to prevent her death if they had only held sacrosanct their duty to protect the safety of every individual on a set where firearms were present instead of cutting corners on safety procedures where human lives were at stake, rushing to stay on schedule and ignoring numerous complaints of safety violations."

The complaint says, "Because Defendant Baldwin and the others involved in the Rust Production did not follow industry protocols and basic gun safety rules, a live round containing a .45 caliber bullet was in the revolver held by Defendant Baldwin at the time of the shooting, ready to be fired, and Defendant Baldwin caused that bullet to be discharged directly at Ms. Hutchins."

Dyer said Baldwin, Hutchins and the rest of the crew relied on the statement by the two professionals responsible for checking the gun that it was a "cold gun" -- meaning there is no possibility of a discharge, blank or otherwise.

"This protocol has worked on thousands of films, with millions of discharges, as there has never before been an incident on a set where an actual bullet harmed anyone," Dyer said. "Actors should be able to rely on armorers and prop department professionals, as well as assistant directors, rather than deciding on their own when a gun is safe to use."