Alec Baldwin gave his most detailed account of the cinematographer’s fatal murder on the set of Rust last year in an arbitration claim his lawyers filed on Friday against his fellow producers, arguing that his contract protects him from financial liability in her death. and seeking to cover his legal costs.
Mr. Baldwin has featured in several damages lawsuits after he shot and killed cameraman Halina Hutchins in New Mexico on October 21 while rehearsing for a scene in which he was required to draw a gun. The statement said that he was not responsible for her death because he was assured that the gun contained no live ammunition and because he was not responsible for checking ammunition or firearm safety on set.
The document provided new details about Mr. Baldwin’s role as producer of The Rust, a production that some former crew members have alleged in lawsuits that sacrificed safety through cost cuts. While Mr. Baldwin was involved in creative matters, the statement said, others had hiring and budgeting powers. Mr. Baldwin was supposed to be paid $250,000 for his role in the film and acting as a producer, but returned the $100,000 as an “investment” in the film.
In addition, the archive contained text messages exchanged between Mr. Baldwin and Matthew Hutchins, the widower of the murdered cinematographer, showing how their relationship deteriorated over time, from mutual expressions of condolence and support immediately after the shooting to harsh remarks. a wrongful death suit Mr Hutchins filed against Mr Baldwin this year.
It gave a vivid account of the fatal shooting on a set in New Mexico that took place after lunch while Mr. Baldwin was rehearsing a scene in a church in which his character, Harland Rust, is cornered and draws a gun.
“Colt Rasta is now quietly ARMING…” – The ticket quotes an indication in the script when his pursuers are closing in. Then, shortly after, “The Colts EXPLODE.”
Ms Hutchins told Mr Baldwin how to position the gun, the statement said.
“She ordered Baldwin to hold the gun higher so that it was pointed at her,” the report said. “She carefully looked at the monitor, then at Baldwin, and then again as she gave these instructions. In giving and following these instructions, Hutchins and Baldwin shared a basic vital belief that the gun was “cold” and contained no live ammunition.
What happened on the set of Rust
Mr. Baldwin then asked Ms. Hutchins if she wanted him to pull back the hammer as instructed in the script, and she said yes, according to the documentation.
“Then Baldwin drew back the hammer, but not far enough to cock the trigger,” the report said. “When Baldwin released the trigger, the gun went off.”
It went on to describe the confusion and horror following the shooting, when Ms. Hutchins was flown by helicopter to the hospital, where she was later pronounced dead. Later, at the end of his interview with the Santa Fe County Sheriff’s Office, Mr. Baldwin was shown a photograph of a projectile that had passed through Ms. Hutchins and then wounded the film’s director, Joel Sousa, the statement said.
“Baldwin recognized the object as a live bullet and finally began to understand what happened that day on the set of Rust,” the report says. “He was shocked.”
In a statement, Baldwin’s attorney, Luke Nikas, says the clause Baldwin and his company signed in their contract with Rust Movie Productions LLC means he is not financially responsible for legal fees or claims arising from the death. Filing with the JAMS Private Arbitration Service aims to enforce this clause. The document names Rust Movie Productions LLC and Ryan Smith, one of the other producers, as defendants in the lawsuit.
“Someone is guilty of possessing the live ammunition that led to this terrible tragedy, and it is someone other than Baldwin,” Mr. Nikas wrote in the lawsuit, portraying Mr. Baldwin as a victim who trusts others to do their part. work and pursued. the death of Miss Hutchins. “This is a rare case when the system has failed, and someone should be held legally responsible for the tragic consequences. This man is not Alec Baldwin.”
Representatives of Rust Movie Productions LLC and a lawyer Mr Smith did not immediately respond to a request for comment.
Mr Nikas described in the lawsuit how, weeks after the fatal shooting, Mr Baldwin tried to persuade the cast and crew of The Rust to end the film in Ms Hutchins’s honor by outlining a plan that the insurance payment and profits from the film would go to a settlement for Mr Hutchins and the couple’s 9-year-old son.
The documents say that shortly after the shooting, Mr. Baldwin had breakfast in Santa Fe with Mr. Hutchins and his son. At the meeting, the papers said, “Hutchins hugged Baldwin and told him, ‘I think we’ll get through this together.’ Hutchins’ attorney did not immediately comment.
But their relationship, which had continued with a series of texts and calls, was cut short after a television interview Mr Baldwin gave in December in which he denied responsibility for Mrs Hutchins’ death; Mr. Hutchins later filed a lawsuit against Mr. Baldwin and then gave his own television interview on NBC’s Today in February, in which he said he was outraged by Mr. Baldwin’s retraction of the charges.
Although a number of crew members described the set as unsafe, and some left shortly before the fatal shooting, the documents state that Mr. Baldwin did not hear or observe any security issues on the set.
In the statement, Mr Baldwin attempted to rebut several claims Mr Hutchins and some of the Rust’s crew had made in lawsuits and comments to the media.
Two lawsuits filed by members of the film crew alleged that Mr. Baldwin should have checked whether the weapon was safe to handle, even after he received assurances from the film’s first assistant director that it was.
But new documents say that during a gun training for the film, the film’s gunsmith Hannah Gutierrez-Reed told Mr. Baldwin that “checking guns is her job, not his.” This instruction was similar to what he had been told before. (In response to a question, Ms. Gutierrez-Reid’s lawyer said he was examining the documents.)
“The actor cannot claim that the weapon is safe,” the statement said. “It’s the responsibility of the other people on the set.”
And while the lawsuit filed by Serge Svetny, the film’s editor, alleged that the film’s producers “declined requests for gun training days,” Ms. Gutierrez-Reed claimed that Mr. Baldwin did not attend “drawing the cross” training. Mr. Baldwin’s papers say he asked about lessons about a month before he showed up on set, and that he received training upon arrival.
The demand also alleges that Mamie Mitchell, script supervisor, told Mr Baldwin shortly after the fatal shooting, “You realize you’re not responsible for anything that happened there, do you?” Ms Mitchell is now suing Mr Baldwin and other producers, accusing him of not making sure the gun he was working with was loaded. (Ms Mitchell’s attorney did not immediately respond to a request for comment.)
In the documents, Mr. Baldwin and his lawyer go so far as to publish private text correspondence between Mr. Baldwin and Mr. Hutchins. The texts show that Mr. Baldwin is checking to see if Mr. Hutchins is willing to continue their conversations, given possible legal issues, and Mr. Hutchins agrees to continue the communication despite, according to the texts, the likely wishes of his legal advisers and the press representative.
The documents note that Mr. Baldwin spoke at Ms. Hutchins’ memorial and that Mr. Hutchins later shared a photograph of his son with Mr. Baldwin.
Mr. Hutchins later filed a lawsuit against Mr. Baldwin, alleging that he “recklessly shot Halina Hutchins on the set”. In an interview with NBC’s Today, he said the denial of Mr. Baldwin’s responsibility was “absurd.”
“Before Hutchins appeared on The Today Show, his interactions with Baldwin were only polite, collaborative and at times even warm,” Mr. Baldwin said in a statement.
In an interview with NBC, Mr. Hutchins spoke emotionally about Mr. Baldwin discussing the shooting on television. “I was so angry to see him speak so publicly and at length about her death,” Mr. Hutchins told NBC, “and then take no responsibility after just describing her murder.”
Nicole Sperling contributed to the report.