LOS ANGELES (AP) 鈥� The family of a on the set of the film 鈥淩ust鈥� sued Alec Baldwin and the movie's producers Tuesday alleging their 鈥渃allous鈥� disregard in the face of safety complaints led directly to her death.
At a news conference announcing the lawsuit, attorneys for the husband and 9-year-old son of Halyna Hutchins said that Baldwin refused training for the type of 鈥渃ross-draw鈥� he was performing when he fired the shot that killed her.
Baldwin鈥檚 attorney responded that any claim the actor was reckless is 鈥渆ntirely false.鈥�
The suit filed in New Mexico's Santa Fe County in the name of Matthew and Andros Hutchins shows a text message exchange between a camera operator and a producer in which a complaint over gun safety was met with what the suit calls 鈥渃allous sarcasm.鈥�
The operator, Lane Luper, texted unit production manager Katherine Walters saying: 鈥淲e've now had 3 accidental discharges. This is super unsafe.鈥�
Walters responds: 鈥淎ccidental discharge on the firearm? Awesome. Sounds good.鈥�
At least over the shooting, but this is the first directly tied to one of the two people shot.
The defendants' 鈥渞eckless conduct and cost-cutting measures led to the death of Halyna Hutchins,鈥� attorney Brian Panish said.
Had proper protocols been followed, the suit says, "Halyna Hutchins would be alive and well, hugging her husband and 9-year-old son. "
Baldwin, who was also a producer on the film, was pointing a gun at Hutchins inside a small church during the setup for the filming of a scene for the Western in New Mexico on Oct. 21 when it went off, killing Hutchins and wounding the director, Joel Souza. The attorneys showed an animated recreation of the shooting at the news conference.
Baldwin has said he was pointing the gun at Hutchins at her instruction and .
The suit says industry standards call for using a rubber or similar prop gun during the setup, and there was no call for a real gun.
It also says that both Baldwin and assistant director David Halls, who handed him the gun, should have checked the revolver for live bullets.
The suit also names as defendants Halls, Walters, the film's armorer Hannah Guttierez Reed, and ammunition supplier Seth Kenney.
鈥淎ny claim that Alec was reckless is entirely false,鈥� Aaron Dyer, attorney for Baldwin and other producers, said in a statement Tuesday. 鈥淗e, Halyna and the rest of the crew relied on the statement by the two professionals responsible for checking the gun that it was a 鈥榗old gun鈥� 鈥� meaning there is no possibility of a discharge.鈥�
He added that 鈥渁ctors should be able to rely on armorers and prop department professionals, as well as assistant directors, rather than deciding on their own when a gun is safe to use.鈥�
Last month Baldwin to investigators, and Dyer said he continues to cooperate fully with the investigation.
Authorities have described 鈥渟ome complacency鈥� in how weapons were handled on the 鈥淩ust鈥� set. They have said it is too soon to determine whether charges will be filed.
Baldwin said in the shooting.
Several crew members have filed lawsuits, including .
Her attorney Jason Bowles did not immediately respond to a request for comment on the new lawsuit. An attorney for Kenney could not be found. He has said previously that he was sure his company did not send any live rounds to the set.
In an interview with ABC, Baldwin said Hutchins had asked him to point the gun just off camera and toward her armpit before it went off.
鈥淚 didn鈥檛 pull the trigger,鈥� Baldwin said. 鈥淚 would never point a gun at anyone and pull the trigger at them. Never.鈥�
Panish said Tuesday that the assertion was unrealistic.
鈥淚 think it鈥檚 clear what happened,鈥� he said. 鈥淎lec had the gun in his hand, he shot it, Halyna was killed.鈥�
The complaint does not cite a dollar amount, but Panish said it would be considerable.
鈥淎 longtime marriage, a soulmate is lost, and a boy to be raised without a mother at a young age is a tremendous loss,鈥� he said. 鈥淎nd anyone who鈥檚 even been close to that experience knows, that that goes on forever and ever and ever.鈥�
The plaintiffs' attorney in New Mexico, Randi McGinn, said the lawsuit is likely to move much more quickly than if it were filed in California, as others have been.
鈥淚n New Mexico, we鈥檙e used to people coming in from out of town to play cowboy, who don鈥檛 know how to use guns,鈥� McGinn said.
Hutchins, 42, grew up on a remote Soviet military base and worked on documentary films in Eastern Europe before studying film in Los Angeles and embarking on a promising movie-making career.
On her Instagram page, Hutchins identified herself as a 鈥渞estless dreamer鈥� and 鈥渁drenaline junkie.鈥�
In 2019, American Cinematographer called her 鈥渙ne of the year's rising stars.鈥�
Dyer's statement said: 鈥淓veryone鈥檚 hearts and thoughts remain with Halyna鈥檚 family as they continue to process this unspeakable tragedy."
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Follow AP Entertainment Writer Andrew Dalton on Twitter: https://twitter.com/andyjamesdalton
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This story has been updated to correct the spelling of attorney Brian Panish鈥檚 last name.
Andrew Dalton, The Associated Press
