Script supervisor Mamie Mitchell is taking legal action against the actor, claiming that the scene in Rust did not call for a gun to be fired. She was the first to call the emergency services after Halyna Hutchins, 42, was accidentally shot and director Joel Souza was wounded when a gun Baldwin had been told was safe fired a live bullet.
Ms Mitchell broke down as she spoke to reporters alongside her lawyer Gloria Allred in Los Angeles yesterday after filing a lawsuit naming Baldwin, assistant director Dave Halls and the movie’s producers.
She said: “I relive the shooting and sound of the explosion from the gun over and over again.” The suit, filed in Los Angeles Superior Court, states: “Alec Baldwin intentionally, without just cause or excuse, cocked and fired the loaded gun even though the upcoming scene did not call for the cocking and firing of the firearm.
“In our opinion, he chose to play Russian Roulette with a loaded gun without checking it and without having the armourer do so.”
Ms Allred said Baldwin, 63 and an “industry veteran”, should not have trusted a gun handed to him by anyone other than the prop master or armourer. The weapon was given to him by Halls, who allegedly shouted “cold gun,” meaning not loaded with live rounds.
Ms Allred said: “His behaviour and that of the producers on Rust was reckless.” The lawsuit states the script called for three tight camera shots for the scene – one of Baldwin’s eyes, another of a bloodstain, and a third of Baldwin’s torso “as he reached his hand down to the holster and removed the gun.
“There was nothing in the script about the gun being discharged by Baldwin or by any other person. He should have assumed that the gun in question was loaded unless and until it was demonstrated to him or checked by him that it was not loaded,” the filing asserts.
Ms Mitchell is claiming assault, intentional infliction of emotional distress and deliberate infliction of harm.
The lawsuit is the second to be filed over the shooting. No criminal charges have been filed.