‘Rust’ armorer sues ammunition supplier after deadly shooting on set of Alec Baldwin film

This aerial photo shows the Bonanza Creek Ranch in Santa Fe, N.M., on Saturday, Oct. 23, 2021. Jae C. Hong/Associated Press

The armorer for “Rust,” the low-budget movie whose filming halted after a crew member was killed and another was injured when a gun discharged a live round instead of a dummy, is suing the production’s ammunition supplier, alleging that he introduced “dangerous products” onto the set.

Hannah Gutierrez, who led the film's weapon and ammunition team, alleged in a lawsuit filed Wednesday in state court in New Mexico, where the movie was being filmed, that PDQ Arm and Prop LLC and its founder, Seth Kenney, were liable for the live ammunition on set that killed cinematographer Halyna Hutchins and injured director Joel Souza in October.

"The ammunition was misrepresented as only dummy ammunition when it contained both dummy and live ammunition," Gutierrez's lawyers wrote in the suit. Actor Alec Baldwin, who was holding the gun when it discharged, has said that he did not pull the trigger.

Kenney could not immediately be reached for comment. He said in an interview with ABC's "Good Morning America" in December that the live ammunition on set did not come from him, saying "there's something very unique about the live rounds that were found."

Gutierrez is seeking compensation for the damages she says she faced as a result of the "false representations" that led to the live ammunition being on set.

Attorneys not involved in the case said the lawsuit could end up being unhelpful for Gutierrez. "Filing this type of lawsuit has no upside unless the plaintiff is doing it for public relations reasons," said Neama Rahmani, a former federal prosecutor now in private practice in Los Angeles. "She suffered little to no damages except for her future career as an armorer."

Miguel Custodio, a personal injury attorney who is also based in Los Angeles, said the lawsuit "just pokes holes in her defense. I don't see how this helps her." (The shooting is under investigation by the Santa Fe County Sheriff's Office.)

One of Gutierrez's lawyers, Jason Bowles, suggested during an appearance on the "Today" show that someone could have "put the live round in the box of dummy rounds [with] the purpose of sabotaging the set."

Gutierrez's lawsuit appears to cast doubt on where the ammunition came from. Her attorneys wrote that she found a full box of prop bullets on the morning of the shooting, although she had "not seen a full box of dummy rounds in weeks."

Gutierrez asked, "Where did this come from?" according to the lawsuit, but crew members allegedly did not respond to her.

Authorities have searched the premises of Albuquerque-based PDQ. Kenney and Gutierrez's father, Thell Reed, a veteran Hollywood armorer who helped train Gutierrez, had worked together on a firearm training session for a separate movie that was being filmed in Texas.

Kenney, according to the lawsuit, took a can of live ammunition with him from the session. Reed has said that he tried to get the ammunition back from Kenney, who declined and told Reed to “write it off.” The ammunition might match that found on the “Rust” set, Reed has said.

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