Lawyers for the family of Halyna Hutchins, the cinematographer fatally shot by Alec Baldwin on the set of the movie “Rust” last year, filed a petition this week to appoint a representative for Hutchins’s estate who will consider whether to file a wrongful-death lawsuit.
Ms. Hutchins was killed when the old-fashioned revolver Mr. Baldwin was practicing with on the film set in New Mexico, which he had been told did not contain live ammunition, fired a live bullet, hitting her and the movie’s director, Joel Souza, who survived.
According to the petition, which was filed in state court in New Mexico on Wednesday, lawyers for Ms. Hutchins’s widower and son asked the court to appoint Kristina Martinez, a lawyer in Santa Fe, to represent the cinematographer’s estate “solely for the purpose of investigating and pursuing a lawsuit under the New Mexico Wrongful Death Act.” The court filing did not specify who would be named as a defendant should a lawsuit be filed.
Ms. Hutchins’s widower, Matthew Hutchins, and her 9-year-old son both support the petition to name a representative of Ms. Hutchins’s estate, the filing said.
Randi McGinn, a lawyer representing the Hutchinses, said the process of appointing a representative was specific to a state law in New Mexico. Under the statute, any money granted in the lawsuit would be split between Mr. Hutchins and his son, she said.
Ms. Hutchins, who was 42 and originally from Ukraine, was an up-and-coming cinematographer whom friends described as talented, spirited and deeply committed to her work.
In the aftermath of the deadly shooting on Oct. 21, several members of the film’s crew have filed lawsuits against Mr. Baldwin and others associated with the production. Mr. Baldwin, who was starring in the western and was also a producer on it, asserted in a television interview that he was not responsible for the fatal shooting and said that he had not pulled the trigger, suggesting that the gun could have gone off after he pulled back the hammer. His lawyers filed a motion on Monday calling for a lawsuit filed against him by the film’s script supervisor, Mamie Mitchell, to be dismissed.
Officials in New Mexico are still examining how a live bullet got on set and then into the gun that Mr. Baldwin was practicing with and whether anyone should be held criminally responsible.
Source: Movies - nytimes.com
