Alec Baldwin

There should be no trial over the fatal shots during the shooting of the film Rust because it is an industrial accident, the lawyers for actor Alec Baldwin wrote in a written statement on Monday, according to Variety .

The lawyers have advanced a legal argument for the first time since the October 21 incident that killed cinematographer Halyna Hutchins and injured director Joel Souza.

The Santa Fe County Police Department in New Mexico is still investigating the case, but no charges have been filed yet. However, a lawsuit was filed on November 17 by screenwriter Mamie Mitchell.

Her charges are against Baldwin and other producers and crew members. Mitchell was standing a few feet from Baldwin when he fired the gun and called 911. She complains of pain, tinnitus and emotional damage.

Baldwin’s attorneys believe that compensation should come only from New Mexico’s work-related injury plan, which covers accidents at work. They believe that Mitchell’s claim is based on negligence and not maltreatment.

Mitchell argues that Baldwin should have double-checked the gun and believes that cutbacks by the producers have led to unsafe conditions. Baldwin’s attorneys argue that Mitchell cannot identify any intentional act that led to the shooting.