Alec Baldwin says that cinematographer Halyna Hutchins, who was shot and killed by the legendary actor on the set of Rust, told him to cock the gun before he pulled the trigger, according to legal filings obtained by CNN, this week.

“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. 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. 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 says.

Alec Baldwin, Rust
Dimitrios Kambouris / Getty Images

The court documents also state that the training overseen by the film’s armorer Hannah Gutierrez Reed left Baldwin believing that he did not need to check the gun for live ammunition on set.

Attorneys for Hutchins’ family fired back in a statement provided to CNN on Friday, alleging that Baldwin is attempting to “avoid liability” for Hutchins’ death. 

“Alec Baldwin once again is trying to avoid liability and accountability for his reckless actions before and on Oct 21st that resulted in the death of Halyna Hutchins, as demonstrated by today’s arbitration demand for indemnification from the Rust production company,” their statement reads. “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. 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.”

[Via]