On October 21, 2021, Hutchins died after being shot with a gun held by Baldwin while filming Rust, the bullet also hit director Joel Souza who survived his injuries. As a result, the actor has been named in several lawsuits seeking damages.
Baldwin's lawyer, Luke Nikas, filed papers this week insisting every mistake leading up to and including the moment Hutchins was fatally shot was "performed by someone else".
In documents shared by Deadline, Nikas wrote, "This is a rare instance when the system broke down, and someone should be held legally culpable for the tragic consequences", continuing on to say, "that person is not Alec Baldwin", and claimed that the star was not at fault because it was not his responsibility to check ammunition or firearm safety on the set.
The filing also stated Baldwin had been assured the gun did not contain live ammunition.
Nikas wrote, "As he had done throughout his career, Baldwin trusted the other professionals on the set to do their jobs."
The filing then went into depth about the instructions Baldwin was given from Hutchins prior to the shooting: "Hutchins described what she would like Baldwin to do with the placement of the gun … She directed Baldwin to hold the gun higher, to a point where it was directed toward her.
ABC News announced George Stephanopoulos had the first exclusive interview with actor Alec Baldwin, following the deadly shooting. Photo / Getty Images
"In giving and following these instructions, Hutchins and Baldwin shared a core, vital belief: that the gun was 'cold' and contained no live rounds."
The filing continued, "Baldwin asked Hutchins whether she wanted to see him cock the gun, as the script required. She responded yes."
On her instructions, "Baldwin then pulled back the hammer, but not far enough to actually cock the gun.
"When Baldwin let go of the hammer, the gun went off," the filing stated.
"As later became known, a live bullet discharged from the gun and struck Hutchins, travelling through her body and striking [director Joel] Souza in the shoulder. Both Hutchins and Souza fell to the ground," Nikas noted in the filing.
"No one understood what had happened."
The filing then said that Baldwin only started to comprehend what happened when he was interviewed by Santa Fe sheriff's department and saw a photo of a .45 calibre slug that had been removed from Hutchins' shoulder. Then he realised what had transpired on the set.
Baldwin still however claims it was not his fault and claims armourer Hannah Gutierrez-Reed told the star "it was her job to check the gun – not his".
The filing stated, "An actor cannot rule that a gun is safe, that is the responsibility of other people on the set."
