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Alec Baldwin Seeks to Avoid Liability in Fatal ‘Rust’ Shooting


Alec Baldwin gave his most detailed account yet of fatally shooting a cinematographer on the set of the film “Rust” last year in an arbitration demand that his lawyers filed Friday against his fellow producers, claiming that his contract protected him from financial responsibility in her death and seeking coverage of his legal fees.

Mr. Baldwin has been named in several lawsuits seeking damages since he shot and killed the cinematographer, Halyna Hutchins, on Oct. 21 in New Mexico while practicing for a scene that required him to draw a gun. The filing said that he was not responsible for her death, since he had been assured that the gun did not contain any live ammunition and because he was not responsible for checking the ammunition or for firearm safety on the set.

The filing provided new details of Mr. Baldwin’s role as a producer of “Rust,” a production some former crew members claimed in lawsuits had sacrificed safety by cutting costs. While Mr. Baldwin was involved in creative matters, the filing said, others had authority over hiring and budgets. Mr. Baldwin was to be paid $250,000 to star in the movie and act as a producer, it said, but he gave back $100,000 as an “investment” in the film.

And the filing contained text messages that Mr. Baldwin had exchanged with Matthew Hutchins, the widower of the slain cinematographer, which showed how their relationship had deteriorated over time — from mutual expressions of condolence and support in the immediate aftermath of the shooting to the pointed wrongful-death lawsuit Mr. Hutchins filed against Mr. Baldwin this year. Brian Panish, a lawyer for Mr. Hutchins, said in a statement that Mr. Baldwin was trying to avoid accountability for his “reckless actions.”

The filing provided a vivid account of the fatal shooting on the New Mexico film set, which took place after lunch as Mr. Baldwin rehearsed a scene inside a church in which his character, Harland Rust, is cornered and draws his gun.

Rust’s Colt COCKED quietly now …” the filing quotes the direction in the script, as his pursuers approach. Then, shortly after that: “Colts EXPLODING.

Ms. Hutchins told Mr. Baldwin how to position the gun, the filing said.

“She directed Baldwin to hold the gun higher, to a point where it was directed toward her,” it said. “She was looking carefully at the monitor and then at Baldwin, and then back again, as she gave these instructions. In giving and following these instructions, Hutchins and Baldwin shared a core, vital belief: that the gun was ‘cold’ and contained no live rounds.”

Mr. Baldwin then asked Ms. Hutchins if she wanted him to pull back the hammer, as the script instructed, and she said yes, the filing said.

“Baldwin then pulled back the hammer, but not far enough to actually cock the gun,” it said. “When Baldwin let go of the hammer, the gun went off.”

It went on to describe the confusion and horror after the shooting, as Ms. Hutchins was flown by helicopter to a hospital, where she was later pronounced dead. It was later, at the end of his interview with the Santa Fe County Sheriff’s Office, that Mr. Baldwin was shown a photograph of the projectile that had passed through Ms. Hutchins and then wounded the film’s director, Joel Souza, the filing said.

“Baldwin recognized the object as a live bullet, and he finally began to comprehend what had transpired on the set of ‘Rust’ that day,” it said. “He was shocked.”

In the filing, Baldwin’s lawyer, Luke Nikas, says a clause Mr. Baldwin and his company had signed in his contract with Rust Movie Productions L.L.C. means he bears no financial responsibility for legal fees or claims arising out of the death. The filing, with the JAMS private arbitration service, seeks to enforce the clause. The document names Rust Movie Productions L.L.C. and Ryan Smith, one of the other producers, as the respondents in the claim.

“Someone is culpable for chambering the live round that led to this horrific tragedy, and it is someone other than Baldwin,” Mr. Nikas wrote in the claim, portraying Mr. Baldwin as a victim who trusted others to do their jobs and is haunted by Ms. Hutchins’s death. “This is a rare instance when the system broke down, and someone should be held legally culpable for the tragic consequences. That person is not Alec Baldwin.”

Representatives of Rust Movie Productions L.L.C. and a lawyer for Mr. Smith did not immediately respond to a request for comment.

Mr. Nikas described in the claim how, in the weeks after the fatal shooting, Mr. Baldwin had sought to persuade the cast and crew of “Rust” to finish the film to honor Ms. Hutchins, outlining a plan in which an insurance payout and the film’s profits would go to a settlement for Mr. Hutchins and the couple’s 9-year-old son.

Shortly after the shooting, the filing said, Mr. Baldwin had breakfast in Santa Fe with Mr. Hutchins and his son. At…



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