The lawsuit, which was filed in Los Angeles, accuses Baldwin of choosing to “play Russian roulette when he fired a gun without checking it and without having the armourer checking it in his presence,” Mitchell’s lawyer, Gloria Allred, said on Wednesday . a conference announcing the trial.
“Alec Baldwin should have assumed that the gun in question was loaded unless and until it was proved to him or verified by him that it was not loaded,” the lawsuit states.
In addition to Baldwin, the lawsuit names the film’s production company, Rust Movie Productions, LLC, armourer Hannah Gutierrez Reed, deputy director David Halls and other production members. Allred said the film’s production team did not follow industrial procedures, creating an environment where “injury and death were more than a possibility, it was a likely outcome.”
Gutierrez Reed is accused in Mitchell’s lawsuit of allowing the gunman to be left unattended during a lunch break on a rolling cart outside the building where the shooting took place on the set in New Mexico.
Lawyers for Gutierrez Reed claimed that live rounds transformed it into a box of mock rounds through “sabotage,” but did not provide evidence to support the accusation. They also said she is devastated and heartbroken by the tragedy and cooperating with the investigation.
Mitchell is seeking financial compensation because she “was shocked, traumatized and … suffered physical and emotional damage from what she saw, heard and experienced when she was in the line of fire,” Allred said during the news conference.
The screenwriter, a 40-year industrial veteran, has not worked since the shooting.
The Santa Fe Sheriff’s Office is investigating the shooting and has not yet released any results.
CNN contacted the production company, representatives of Baldwin, Halls and Gutierrez Reed for comment.
And Rust Movie Productions, LLC said the safety of the cast is “the highest priority.”
“Although we were not aware of any official complaints about weapon or backup safety on set, we will conduct an internal review of our procedures while production is suspended,” the company said.
Mitchell describes a moment of shooting in a lawsuit
Mitchell said she was standing near Hutchins and Souza when the shot was fired and was the first to call 911 for help on Oct. 21, telling them, “We need help right away.”
She described the moment the shooting took place when she read from a prepared statement during Wednesday’s news conference.
“A deafening loud shot. I was stunned. I heard someone moan, and I turned and my director fell back and held his upper body and I turned to Alec and saw Halyna come down to the left of me,” Mitchell said.
“He’s not responsible for controlling it … That’s not the deputy director’s job. If he chooses to control the gun because he wants to make sure everyone is safe, he can do that, but that’s not his responsibility,” Torraco said. .
Mitchell’s lawsuit shows Baldwin for not checking the weapon before using it.
“He had no right to rely on any alleged statement from the deputy director that it was a ‘cold gun,'” the lawsuit claims, referring to Baldwin.
Allred, Mitchell’s attorney, added that Baldwin unexpectedly dropped the weapon, although no rehearsal was planned at the time – noting that even if they filmed the scene, it didn’t include firing a weapon.
The lawsuit also alleges that Mitchell believes there were two previous shooting incidents – one of Baldwin’s stunt double and a “requisite master who accidentally shot himself in the foot.”
CNN’s Sandra Gonzalez contributed to this report.