When cinematographer Halyna Hutchins was accidentally shot dead, Alec Baldwin was denied a motion to dismiss from a civil lawsuit brought by a crew member who was filming on Rust.
Script supervisor Mamie Mitchell was able to make a claim against her Baldwin A judge ruled that he killed Hutchins “recklessly” by firing a prop gun while filming in Santa Fe, New Mexico.
The actor, who is also a producer on the Western film, fired the shots when the script didn’t call for it, the lawsuit alleges.
Assistant director David Halls, who handed the gun to the star, and Hannah Gutierrez Reed, who was in charge of on-set weapons, were named as defendants along with Baldwin.
Judge Michael Whitaker denied Baldwin’s motion to remove him from the lawsuit, as well as another motion against the screenwriter for punitive damages.
Hutchins, 42, will be the film’s director of photography when he passes away on October 21, 2021. Director Joel Sosa was also injured in the incident.
“The court finds that plaintiffs’ allegations in the SAC (Second Amended Complaint) demonstrate that the contesting defendants willfully and consciously disregard the rights or safety of others sufficient to withstand a strike motion,” the ruling read.
“The court therefore dismissed the strike motion against the defendants.”
Ms Mitchell’s attorney, Gloria Allred, welcomed the judge’s decision not to let Baldwin withdraw from the civil suit.
“We’re glad we won and the court today over his objections allowed us to sue Alec Baldwin for our theory of assault, willful emotional distress and negligence,” she said.
“Furthermore, the court allowed us to award punitive damages to Mr. Baldwin despite his objections.”
A year after the Rust shooting, will prosecutors bring charges?
‘No one is above the law’: Prosecutors say settlement has no impact on probe
Another civil lawsuit between Baldwin and the cinematographer’s estate in October Settled in undisclosed amount – and announced that Rust will resume shooting next year.
A spokesman for the Santa Fe District Attorney’s Office said the settlement had “no impact” on the ongoing criminal investigation.
The sheriff’s office turned over its final report to District Attorney Mary Carmack-Arteves, who will now begin reviewing the information in order to make a “thoughtful and timely decision” on whether to press charges in the case.