Halyna Hutchins' family files wrongful death lawsuit in 'Rust' shooting tragedy

Months after cinematographer Halyna Hutchins's fatal death on the shooting sets of Rust, her family is taking the first step toward filing a wrongful death lawsuit. As per Variety, a Santa Fe, NM, attorney, Kristina Martinez, filed a petition on Wednesday to be appointed as the personal representative of Hutchins’ estate. New Mexico law requires the appointment of a personal representative before a wrongful death lawsuit can be pursued, which the estate has three years from the time of Hutchins’ death to file. 

The attorney is seeking an appointment “solely for the purpose of investigating and pursuing a lawsuit under the New Mexico Wrongful Death Act in the courts of New Mexico,” the filing obtained by Variety states. The attorney, Kristina Martinez, noted in the filing that Hutchins’ widower, Matthew Hutchins, and her 9-year-old son support the petition. For the uninformed, Halyna Hutchins was preparing for a scene in a church building at the Bonanza Creek Ranch, near Santa Fe, when actor Alec Baldwin fired a Colt .45, killing her and injuring the film’s director in October.

Halyna Hutchins’ family files wrongful death lawsuit

About a week after Hutchins’ death, her widower tapped a Los Angeles law firm that specializes in wrongful death suits, signaling he planned to file one against the production company. Baldwin, for his part, has earlier stated that he did not pull the trigger and that the gun went off when he released the hammer. Santa Fe County Sheriff’s investigators continue to probe how the gun came to be loaded with live ammunition instead of dummy rounds. The actor recently submitted his phone to the investigation agency for further probe in the case. Halyna is survived by her husband, Matthew, and a 9-year-old son. They are represented by attorney Brian Panish, of Panish, Shea, Boyle, and Ravipudi in Los Angeles, as per Variety. 

According to the International outlet, under New Mexico law, the estate has three years from the time of Hutchins’ death to file a wrongful death. In a response to Mitchell’s suit on Monday, Baldwin and several of the producers argued that the shooting was a workplace accident and as such can only be addressed through the New Mexico workers compensation system.

IMAGE: AP