Mitchell’s attorney, Gloria Allred, said Wednesday during a press release that the lawsuit, filed in Los Angeles, accuses Baldwin of choosing “to play Russian roulette when he fired a gun without checking it and without the gunsmith checking it in his presence.” Claim announcement conference.
The lawsuit states that “Alec Baldwin should have presumed that the gun in question was loaded unless and until he demonstrated to him or examined him that it was not.”
In addition to Baldwin, the lawsuit names the film’s production company, Rust Movie Productions, LLC, gunsmith Hannah Gutierrez Reid, assistant director David Holz and other production members. Allred said the film’s production team failed to follow industry procedures, creating an environment in which “injury and death, more than a possibility, were a likely outcome.”
Gutierrez Reid is accused in Mitchell’s lawsuit of allowing a gun to be left unattended during a lunch break on a rolling cart outside the building where the shooting of the movie, which was filmed in New Mexico, took place.
Gutierrez-Reed’s lawyers claimed that live ammunition was diverted into a box of dummy shots through “sabotage,” but they did not provide evidence to support the claim. They also said she is devastated and saddened by the tragedy and is cooperating with the investigation.
Allred said during the press conference that Mitchell is seeking financial compensation because she “was traumatized and traumatized and … suffered physical and psychological harm from what she saw, heard and suffered while she was in the crossfire.”
The script supervisor, a 40-year industry veteran, hasn’t worked since the shooting.
The Santa Fe Sheriff’s Office is investigating the shooting and has yet to release any findings.
CNN has reached out to the production company and representatives for Baldwin, Halls and Gutierrez Reed for comment.
Rust Movie Productions, LLC said the safety of the cast is the “top priority”.
“While we have not been notified of any formal complaints regarding the weapon or the safety of the prop on set, we will conduct an internal review of our procedures while production is halted,” the company said.
Mitchell describes the moment of the shooting in the lawsuit
Mitchell said she was standing near Hutchins and Sousa when the shot was fired and was the first to call 911 for help on October 21, telling them, “We need help right away.”
She described the moment of the shooting as she read from a prepared statement during Wednesday’s press conference.
“Silent gunshots,” Mitchell said. “I was stunned. I heard someone groan, and I turned and my boss was falling backwards and grabbed his upper body and I turned toward Alec and saw Halina coming down to my left.”
“He’s not responsible for checking that… That’s not the job of the assistant director. If he chooses to check the firearm because he wants to make sure everyone is safe, he can do it, but that’s not his responsibility,” Turako said.
Mitchell’s lawsuit alleges Baldwin for not checking the gun before using it.
The lawsuit alleges, referring to Baldwin, that he “had no right to rely on certain statements alleged by the assistant director that it was a ‘cold gun’,” referring to Baldwin.
Allred, Mitchell’s attorney, added that Baldwin fired the gun unexpectedly, even though there was no rehearsal scheduled at the time – noting that even if they were filming the scene, it didn’t involve firing a gun.
The lawsuit also alleges that Mitchell believed there had been two previous untrue incidents – one by Baldwin’s double stunt and “a prop master who accidentally shot herself in the foot.”
CNN’s Sandra Gonzalez contributed to this report.