Rust armorer Hannah Gutierrez-Reed on Wednesday sued Seth Kenney, the man whose company supplied ammunition to the production, claiming that he introduced live rounds on set.

The lawsuit, filed in New Mexico federal court, accuses Kenney of distributing “boxes of ammunition purporting to contain dummy rounds, but which contained a mix of dummy and live ammunition.”

“Hannah and the entire ‘Rust’ movie crew relied on the Defendants’ misrepresentation that they provided only dummy ammunition,” reads the complaint. “In so doing, Defendants created a dangerous condition on the movie set, unbeknownst to Hannah Gutierrez Reed, which caused a foreseeable risk of injury to numerous people.”

Kenney, owner of PDQ Arm & Prop, has denied that the live rounds on the film’s set came from his company. He said in an interview with Good Morning America on Dec. 2 that his New Mexico-based company “supplied the guns, the blank ammunition and 50 dummy rounds” and that there was “something very unique about the live rounds that were found.”

But the lawsuit details a conflicting version of events in which Gutierrez-Reed argues that she could have prevented the fatal shooting of Halyna Hutchins on Oct. 21.

According to the complaint, Gutierrez-Reed loaded the gun that killed Hutchins from a box labeled “dummy rounds” and gave it to assistant director Dave Halls. She then left the scene, which was shot inside of a church, to adhere to COVID-19 protocols.

“Had Hannah been called back in, she would have re-inspected the weapon, and every round again, and instructed Baldwin on safe gun practice with the cross draw, as was her standard practice on set and under circumstances where: (1) Baldwin did not respond to Hannah’s request on October 15 to schedule cross draw training and (2) the gun had been out of her possession for 15 minutes,” the lawsuit states.

The complaint claims violations of New Mexico’s unfair trade practice, creation of a dangerous condition, and false and material misrepresentations, among other claims.

Gutierrez Reed is represented by the Bowles Law Firm and Law Office of Todd Bullion.

PDQ Arm & Prop did not immediately respond to a request for comment.

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