Halyna Hutchins’ Family Files New Suit Against Alec Baldwin Over ‘Rust’ Shooting

Alec Baldwin is facing another lawsuit in connection with his role in the October 2021 fatal shooting of cinematographer Halyna Hutchins on the set of Rust, this time from her parents and sister, lawyers for the family said on Thursday.

Rust Movie Productions and other production companies — including El Dorado Pictures, Thomasville Pictures, Brittany House Pictures and Short Porch Pictures — involved with the low-budget Western were also named in the complaint in addition to armorer Hannah Gutierrez-Reed, assistant director David Halls, props master Sarah Zachry and ammunition supplier Seth Kenney. In October, Hutchins’ husband and son settled a wrongful death suit against Baldwin and the film’s producers. The parties in the new suit weren’t a part of the deal.

“I’d like those who are at fault to carry responsibility and not just someone, but that very someone who is truly responsible for this,” said Hutchins’ sister. “I believe to let this go and leave this unpunished is unallowable.”

The suit was filed less than a month after prosecutors in New Mexico announced charges against Baldwin and Gutierrez-Reed. Mary Carmack-Altwies, the district attorney who serves Santa Fe County, charged them with two counts each of involuntary manslaughter. Baldwin faces up to six-and-a-half years in prison.

Hutchins was killed when an old-fashioned revolver being handled by Baldwin went off. He was handed the gun by Halls and told that it did not contain live ammunition, but it discharged, killing Hutchins and injuring director Joel Souza. Five live rounds mixed in with dummy rounds were found on set following the shooting. It remains unknown how the live rounds ended up on the set.

The new suit filed in Los Angeles Superior Court alleges battery, intentional infliction of emotional distress, negligence and loss of consortium, which recovers damages for relationships that are mutually dependent. Producers Ryan Smith, Lengley Cheney, Anjul Nigam, Ryan Winterstein and Gabrielle Pickle, among others, were also named in the suit.

Gloria Allred, a lawyer for Hutchins’ parents and sister, said: “The relationships for all of our clients have been damaged, and they won’t be able to enjoy life in same way as when Halyna was alive.” She added the family “feels strongly that anyone responsible for her loss must be held responsible.”

The family currently lives in Ukraine. Allred noted that Baldwin has not reached out to them.

The shooting has sparked sprawling litigation. Allred also represents script supervisor Mamie Mitchell in a suit against Baldwin and the film’s producers. He continues to face claims of assault, intentional infliction of emotional distress and negligence, with the judge overseeing the case finding in November that there was “extreme and outrageous conduct on the part of Baldwin,” who “unexpectedly cocked and fired a loaded handgun” despite being aware of a disastrous safety culture on the set of Rust.

The actor in November sued several crewmembers, accusing them of negligence for giving him a loaded firearm. “This tragedy happened because live bullets were delivered to the set and loaded into the gun,” reads the cross-complaint filed in response to Mitchell’s suit.

Halls, who was responsible for on-set safety as the first assistant director, in December countersued Baldwin and other crewmembers, arguing that it was their “active and primary negligence” that caused the fatal shooting.

In the suit from Mitchell, Rust’s producers have been able to escape most claims that they’re liable for the shooting. A Los Angeles judge in September dismissed claims of assault and intentional infliction of emotional distress against Rust Movie Productions and Thomasville Pictures in addition to producers Ryan Smith, Lengley Cheney and Anjul Nigam, because they didn’t know Baldwin would actually shoot the gun that killed Hutchins.

Since the shooting, the producers have maintained that they weren’t responsible for supervising the production. They’ve argued in civil court and in contesting a fine assessed by New Mexico’s safety commission that they simply financed the movie.

Mitchell has faced an uphill battle in court arguing that the production companies are liable for the shooting. She claims that they aided and abetted Baldwin in committing assault by providing him with the loaded gun that the actor fired, detailing a disastrous safety culture on the set of Rust where producers shirked industry-wide norms related to the use of guns to shoot the film on a shoestring budget.

Production of the movie is set to resume with Matthew Hutchins, Halyna’s widower, as an executive producer. Under the settlement, the filming of Rust will continue with “all the original principal players on board.” Further details of the settlement weren’t disclosed.

“I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin),” he said in a statement at the time. “All of us believe Halyna’s death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna’s final work.”   

Brian Panish, a lawyer for Matthew Hutchins, said in a statement after the announcement of the new suit: “We do not believe any other family members have a claim under New Mexico or California law. Neither Mr. Hutchins nor his attorneys were made aware of the family’s intention to file a lawsuit before today.”

Feb. 9, 4:20 p.m. This story has been updated with a statement from Matthew Hutchins’ lawyer The Hollywood Reporter.