Attorneys for embattled actor Alec Baldwin argued in court Monday that a judge should toss a lawsuit filed against him by a crew member on his movie Rust. 

On October 21, 2021, Baldwin discharged a round from a pistol he believed to be unloaded, killing cinematographer Halyna Hutchins and injuring director Joel Souza. 

Mamie Mitchell, the film’s former script supervisor, claims in her lawsuit against Baldwin and other crew members that she was standing just a few feet away when he fired the fatal shot. Mitchell, who called 911 from the movie’s New Mexico set, alleges she suffered pain and ringing in her ears as well as emotional injuries.

She further alleges that the actor failed to double-check to see if the gun was unloaded, and also accuses the producers of cutting corners, leading to unsafe conditions.

Mitchell’s suit also names the movie’s armorer Hannah Gutierrez-Reed, and David Halls, the first assistant director who reportedly handed the gun to Baldwin after declaring it “cold,” or safe to handle. 

Baldwin’s attorneys alleged, in court filings obtained by ABC News, that because the fatal shooting was a workplace accident, Mitchell must seek “recompense” from New Mexico’s workers compensation system. 

Further, his lawyers claimed, “nothing about [Mitchell’s] allegations suggest that any of Defendants, including Mr. Baldwin, intended the Prop Gun [sic] to be loaded with live ammunition.”

It should be noted the Colt revolver wasn’t a “prop gun,” but a real firearm loaded with a live round.

However, Baldwin’s lawyers claim he couldn’t have known that.

His attorneys also claimed Mitchell wasn’t injured in the incident, and that she, “raced to the courthouse in California… apparently to get her claim in… [before]…the two individuals who were hit by the live round.”

An investigation into the shooting is still ongoing.