Alec Baldwin says he is not 'culpable' in the death of Halyna Hutchins and that his contract protects him from financial responsibility

• Alec Baldwin says he is not "culpable" for fatally shooting cinematographer Halyna Hutchins on the movie set of "Rust" last year.
• He claims his contract protects him from financial responsibility in the tragedy, according to an arbitration demand filed Friday.

Alec Baldwin says he is not "culpable" for fatally shooting cinematographer Halyna Hutchins on the movie set of "Rust" last year — and that his contract protects him from financial responsibility in the tragedy, according to an arbitration demand filed on Friday by his lawyer.

"This is a rare instance when the system broke down, and someone should be held legally culpable for the tragic consequences. That person is not Alec Baldwin," the arbitration demand said, which was filed against Baldwin's fellow producers of the Western flick.

The 37-page document obtained by Insider was filed by Baldwin's attorney Luke Nikas, who filed the demand through the JAMS arbitration company. The claim names Rust Movie Productions LLC and producer Ryan Smith as respondents.

Lawyers for the "Rust" production company did not immediately respond to a request for comment by Insider on Friday.

Baldwin, who was producing and starring in the "Rust" film, fatally shot 42-year-old Hutchins inside a church building setting on the Santa Fe, New Mexico, movie set on October 21, 2021.

The shooting happened as Baldwin was practicing a cross-draw technique that involved him pointing a Colt .45 revolver at a camera on the Bonanza Creek Ranch set, according to affidavits previously released by the Santa Fe County Sheriff's Office.

A bullet from the gun struck Hutchins, mortally wounding her. The movie's director, Joel Souza, was also injured by the bullet.

"At this point, two things are clear: someone is culpable for chambering the live round that led to this horrific tragedy, and it is someone other than Baldwin," Nikas said in the arbitration filing.

The filing explains that Baldwin is not responsible for Hutchins' death because he was given assurances that the gun he was holding did not contain any live ammunition.

It also states that a clause in Baldwin's contract precludes him or his production company, El Dorado Pictures, "from and against any loss, damage, liability, claim, demand, action, cost and expense" in connection with "Rust."

Since the shooting, Baldwin has been named as a defendant in multiple lawsuits filed over the tragedy, including a wrongful death suit filed by Hutchins' husband, Matthew Hutchins.

"Now, as a result of a live round getting to the set, bypassing all of the safety checkpoints, and making its way into the supposedly 'cold' pistol given to Baldwin, October 21 has become the worst day in the lives of Hutchins's family," the arbitration demand said. "It does not diminish that loss to say that October 21 was also the worst day in Alec Baldwin's life."

It added, "That day has and will continue to haunt Baldwin."

Hutchins family attorney Brian Panish responded to the arbitration demand in a statement to Insider on Friday, saying that Friday's filing demonstrates "Alec Baldwin once again is trying to avoid liability and accountability for his reckless actions before and on October 21 that resulted in the death of Halyna Hutchins."

"Baldwin's disclosure of personal texts with Matt Hutchins is irrelevant to his demand for arbitration and fails to demonstrate anything other than Hutchins' dignity in his engagement with Baldwin," he said.

Panish continued: "It is shameful that Baldwin claims Hutchins' actions in filing a wrongful death lawsuit derailed the completion of 'Rust.' The only action that ended the film's production was Baldwin's killing of Halyna Hutchins."

Baldwin's claim describes in detail the moment the gun went off on the "Rust" set.

"Baldwin asked Hutchins whether she wanted to see him cock the gun, as the script required. She responded yes. Baldwin tipped the gun down somewhat so that the lens of the camera would be able to focus on his hand's action on the top of the gun," the filing said.

"While performing this action, Baldwin asked Hutchins, 'Am I holding it too far down?' and 'Do you see that?' Hutchins responded that she could see Baldwin's action from her angle," according to the filing.

Then, the filing says, "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 also contains text messages between Baldwin and Matthew Hutchins sent in the aftermath of Halyna Hutchins' death.

Baldwin's arbitration demand seeks compensation for his legal fees.