Lawsuit: 'Rust' script did not include Baldwin shooting

 "Rust" script supervisor Mimi Mitchell said in a lawsuit on Wednesday that the film's script never required a pistol fired during the scene Alec Baldwin was rehearsing when he killed a female photographer last month.

Mitchell claims that Baldwin should have verified himself that the gun did not contain live ammunition and not rely solely on the assistant director's assertion that the gun was safe to use.

"It is our view that Mr. Baldwin chose to play Russian roulette when he used a gun without checking it and without asking the gunsmith to do so in his presence," Mitchell's attorney Gloria Allred told a news conference.

Mitchell, who was in the crossfire, alleges intentional assault and injury and is seeking unspecified damages in the lawsuit filed with the Los Angeles Superior Court.

"The scene of the shooting and the sound of the explosion from the pistol has been replayed over and over again," said Mitchell, who made an emergency call to authorities immediately after the October 21 incident.

This is the second lawsuit resulting from the incident to be named by Baldwin, the film's producers, assistant director Dave Hales and Hana Gutierrez, the weapons expert responsible for the weapons used in the film.

Representatives for Baldwin, the film's producers and Hales did not immediately respond to requests for comment. A lawyer representing Gutierrez said he had not yet seen the lawsuit.

Baldwin has previously said he is heartbroken and is cooperating with a law enforcement investigation. The company that produced the film is conducting its own investigation.

New Mexico authorities said they were investigating how a live bullet got into the pistol that Baldwin was using while rehearsing the scene at a church near Santa Fe. No criminal charges were brought.

Investigators said photographer Helena Hutchins was killed and director Joel Sousa wounded when a live bullet exited from a pistol that Baldwin had been told was safe.

Other live shots were found on the set.

The lawsuit said Rust's script was for three close-up camera shots of Baldwin during rehearsal for the scene, one on Baldwin's eyes, one on a bloodstain, and one on Baldwin's torso as he pulled the gun.

The lawsuit asserted that Baldwin “intentionally pulled the trigger and fired from the loaded pistol without reason or justification, even though the following scene did not provide for the firing of a firearm.”

Allred said she believed Baldwin's behavior on the set was "reckless" and claimed that other safety protocols had been violated or ignored.

Last week, another lawsuit was filed against the producers, accusing them of negligence.

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