Rust assistant director who gave Alec Baldwin the gun asks judge DISMISS, claims he is at fault

David Halls, the assistant director accused of giving Alec Baldwin, 64, the prop gun that accidentally fired and killed cinematographer Halyna Hutchins on the set of the film Rust, has a motion in Los Angeles Superior Court to dismiss two of the three claims filed by Baldwin has countersued against him.

The latest lawsuit is part of the ongoing court case following the October 21, 2021 shooting.

Halls has also filed his own lawsuit against Baldwin, armorer Hannah Gutierrez-Reed, prop master Sarah Zachry and Seth Kenney along with his company PDQ Arm & Prop, which supplied prop guns and ammunition for the production.

The original complaint in this case was filed by screenwriter Mamie Mitchell, who claimed that she experienced emotional distress as a result of her presence during filming.

David Halls, the assistant director accused of giving Alec Baldwin a prop gun that killed cinematographer Halyna Hutchins, is asking a judge to dismiss Baldwin’s counterclaim

Alex Baldwin, who can be seen on the set of Rust, is suing Halls for negligence and seeking punitive damages

In his countersuit, Baldwin alleges negligence on crew members, including Hall’s, for allegedly putting live ammunition into the gun he was holding during rehearsal, which resulted in Hutchin’s death and director Joel Souza’s injury.

Halls’ motion seeks to dismiss Baldwin’s claims.

Baldwin is also suing Halls for negligence, but that allegation is not part of Hall’s filing.

In a separate motion, Halls’ attorneys requested that certain portions of Baldwin’s litigation, including the claim for punitive damages against Halls, be dropped from the lawsuit.

They argue that there are no allegations that Halls intentionally brought live ammunition to the set, intentionally loaded the gun with live ammunition, knew the gun was loaded with live ammunition prior to the incident, or intentionally failed to close the gun to verify.

A hearing on Halls’ motions is scheduled for February 9 before Judge Michael E. Whitaker.

In his own counterclaim, Halls denies any liability, but requests that the parties he is suing be bound to pay any damages that are assessed against him, over and above any comparable fault he may be awarded in the case will.

Halls also alleges that still-unidentified “Roe” defendants breached a contract to insure him against liability in the case.

Halyna Hutchins, 42, was accidentally shot by Baldwin on the set of a western

The latest lawsuit is part of the ongoing court case following the October 21, 2021 shooting

In the days and weeks after the shooting, Alec Baldwin texted Matt Hutchins to inform him of a possible “sabotage” angle. He and his wife Halyna are pictured in photos from their Facebook page

Alec Baldwin talks on the phone in the parking lot outside the Santa Fe County Sheriff’s Office in Santa Fe, New Mexico after being questioned about a shooting on the film’s set

A distraught Alec Baldwin lingers in the parking lot outside the Santa Fe County Sheriff’s Office in Santa Fe following the October 2021 murder

Last year, in an interview with George Stephanopoulos, Baldwin said he didn’t think he would be prosecuted for the accident.

“I have been told by people in the know, including within the state, that it is highly unlikely that I will be criminally charged with anything,” he explained.

Over the past month, various documents have been released by the Santa Fe County Sheriff’s Office, including reports of interviews with witnesses, including text messages and emails from crew and cast members, which sometimes detail the chaotic and acrimonious conditions on set before Hutchin’s death on March 21 October 2021.

The documents still do not provide conclusive answers as to how live ammunition got onto the film set and into a replica Colt .45 caliber fired by Baldwin that killed Hutchins.

Baldwin was handed the gun during a rehearsal at a ranch outside of Santa Fe. A live round met her and film director Joel Souza, who survived.

Baldwin is among up to four people who could face criminal charges in the cameraman’s death, New Mexico District Attorney Mary Carmack-Altwies said in September.

Actor Baldwin has denied responsibility for Hutchins’ death, saying live rounds should never have been allowed on the set of the low-budget film.

In this image from video released by the Santa Fe County Sheriff’s Office, Alec Baldwin stands in costume and speaks to investigators after a fatal shooting on the film set last year

In police interviews and court cases, the armorer, first assistant director, props supplier, and props master all denied guilt in the filming.

The New Mexico Occupational Safety and Health Administration in April fined the film’s production company the maximum amount possible for what it described as “willful” safety breaches that led to Hutchins’ death.

According to an FBI report, five live bullets were found on a prop wagon and in a bandolier and holster near the film set church where Hutchins was shot.

Local prosecutors have said they will conduct a “thorough review of the information and evidence to make a considered and timely decision on whether to press charges.”

It is still unclear when and if charges will be filed.

In October, Baldwin filed a lawsuit against four people involved in the film, alleging they negligently provided him with a firearm. This featured aerial photo shows a portion of the Bonanza Creek Ranch film set in Santa Fe, New Mexico

In October, Baldwin filed a lawsuit against four people involved in the film, alleging they negligently provided him with a firearm.

In his own lawsuit, Baldwin accuses gunsmith Hannah Gutierrez-Reed of failing to verify that a Colt revolver he used in the trial was safe.

In the lawsuit, Baldwin is suing Hannah Gutierrez-Reed, the film’s armorer and props assistant; assistant director David Halls; props master Sarah Zachry; and Seth Kenney, who supplied the film set with guns and ammunition.

In his lawsuit, Baldwin alleges Gutierrez-Reed failed to verify that a Colt revolver he used in rehearsals was safe. The lawsuit also states that Halls failed to check the gun before declaring it safe and handing it over to Baldwin, and that Zachry failed to ensure the guns used on the New Mexico set were safe.

All named in the lawsuit have denied any guilt.

Baldwin’s complaint follows a lawsuit filed last year by screenwriter Mamie Mitchell against him and others on set over their alleged role in the filming, which caused her great emotional distress.

In October, Baldwin reached a civil settlement with the von Hutchins family, details of which were not disclosed.