Halyna Hutchins' Family Lawyer Says Alec Baldwin Is 'Blaming Others' for Fatal 'Rust' Shooting

A lawyer representing the family of Halyna Hutchins says Rust actor/producer Alec Baldwin is shifting blame away from himself despite holding the gun that fatally shot her.

On Oct. 21, the 42-year-old cinematographer was shot and killed on the New Mexico set of the Western movie. Baldwin was holding the gun that discharged, shooting her and director Joel Souza, who survived his injuries.

Baldwin, 63, maintains that he did not actually pull the trigger of the gun he did not know contained live bullets, saying in an emotional ABC News interview in December that he does not feel personally guilty about the incident: "Someone is responsible for what happened, and I can't say who that is, but I know it's not me. I mean, honest to God, if I felt that I was responsible, I might have killed myself if I thought I was responsible. I don't say that lightly."

Halyna's husband Matthew Hutchins filed a complaint Tuesday on behalf of himself and their 9-year-old son. In the document, obtained by PEOPLE, he said Baldwin "recklessly shot and killed Halyna Hutchins on the set of the movie Rust."

Brian Panish, an attorney for Hutchins' family, said on NewsNation's Dan Abrams Live on Tuesday that Baldwin "caused a death that was reckless and never needed to happen," and that her loved ones are "looking for answers."

The lawyer added, "Alec Baldwin is continuing to do what he's done throughout this — he's blaming others. He's not accepting any responsibility. He lays off fault on others when, in fact, but for him shooting the gun, Halyna is still here today. ... Baldwin, again, is in complete denial, accepting no responsibility, and we look forward to letting the folks, the community in Santa Fe County determine his responsibility."

In response, Baldwin's attorney said in a statement that "any claim that Alec was reckless is entirely false."

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"He, Halyna and the rest of the crew relied on the statement by the two professionals responsible for checking the gun that it was a 'cold gun' — meaning there is no possibility of a discharge, blank or otherwise," the statement continued. "This protocol has worked on thousands of films, with millions of discharges, as there has never before been an incident on a set where an actual bullet harmed anyone. Actors should be able to rely on armorers and prop department professionals, as well as assistant directors, rather than deciding on their own when a gun is safe to use."

The complaint filed earlier this week reads that Baldwin "and the other Defendants in this case failed to perform industry standard safety checks and follow basic gun safety rules while using real guns to produce the movie Rust, with fatal consequences."

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Halyna's estate and husband are asking for punitive, damages to be determined at trial, funeral and burial expenses as well as compensatory damages for "the loss of love, companionship, comfort, care, assistance, protection, affection, society, guidance, training, assistance and moral support" of Halyna, according to the complaint.

Following the tragic shooting in October, Baldwin met with Matthew and his son Andros in Sante Fe, New Mexico. Matthew is giving his first sit-down interview Feb. 24 with Today's Hoda Kotb.

In his December interview, Baldwin said he had been told it is "unlikely" he'll personally face criminal charges, adding that he continues to cooperate in investigations. "I don't have anything to hide," he said. (The Sante Fe Sheriff's Office has not yet charged anyone in the incident.)

Baldwin added at the time that he "would go to any lengths to undo what happened."