The family of Halyna Hutchins filed a wrongful death suit in February.
Alec Baldwin just settled a lawsuit with the family of Halyna Hutchins, the cinematographer who was killed on the set of Rust when a live round discharged from a gun Baldwin was holding. Hutchins’ family filed a wrongful death suit against Baldwin and others involved with the film in February, claiming the producers “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.”
The October 21, 2021 shooting that killed 42-year-old Hutchins also injured then-48-year-old director Joel Souza; he received emergency treatment in Santa Fe. Hutchins was airlifted by helicopter to the University of New Mexico Hospital in Albuquerque, where she was pronounced dead.
In addition to the wrongful death suit, the accidental shooting resulted in a civil suit filed by Mamie Mitchell, script supervisor for Rust, in November 2021. Mitchell sued Baldwin and others involved in production (incuding Rust Movie Productions, LLC, Thomasville Pictures, 3rd Shift Media, and others), claiming she was standing no more than four feet from Hutchins when the shooting occurred and as a result suffered “serious physical trauma and shock and injury to her nervous system.” Baldwin’s attorneys, however, argued that the death was a “workplace accident” and that Mitchell should seek remedy from workers compensation, and not the California court system.
In July 2022, a judge ruled that there was insufficient evidence to support Mitchell’s claims of assault and intentional infliction of emotional distress. The judge ruled that she did not establish that producers knew Baldwin was going to fire the loaded gun at that time, and said that Mitchell did not experience fear or apprehension until after it was fired. Mitchell was given 20 days to amend and refile; The Hollywood Reporter reported on September 2, 2022 that Mitchell would proceed with a sole claim for negligence, dropping the assault, battery, and emotional distress claims. According to court records, a hearing has been set for October 23, 2022, with a non-jury trial scheduled for May 2023.
The suit filed by Hutchins’ family was filed in February 2022, and although the terms of the settlement have not been publicly disclosed, Hutchins’ widower has been named as an executive producer of the film. He said in a statement, “All of us believe Halyna’s death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna’s final work.” He also said that he does not want to attribute blame to Baldwin or to the Rust producers.
A forensic report released by the FBI in August concluded that Baldwin pulled the trigger, dispelling theories that the gun accidentally fired.
A statement from Baldwin’s attorney after the settlement was reached read, “Throughout this difficult process, everyone has maintained the specific desire to do what is best for Halyna’s son. We are grateful to everyone who contributed to the resolution of this tragic and painful situation.”
New Mexico authorities could still choose to pursue criminal charges related to the shooting, as the final police report is expected sometime this month. A statement issued by a spokesperson of District Attorney Mary Carmack-Altweis said that the settlement will not impact her decision to pursue charges: “If the facts and evidence warrant criminal charges under New Mexico law then charges will be brought. No one is above the law.”
Rust is set to resume filming in January, and Souza will return to direct.
