The end of the 'Rust' criminal case against Alec Baldwin may unlock a civil lawsuit

[December 26, 2024]  By MORGAN LEE

SANTA FE, N.M. (AP) — The conclusion of a criminal case against Alec Baldwin in the fatal shooting of a cinematographer clears the way for a related civil lawsuit by relatives of the deceased woman and efforts to depose the actor under oath, attorneys for plaintiffs in the civil suit said Tuesday.

At a news conference in Los Angeles, victims’ rights attorney Gloria Allred said that the parents and younger sister of deceased cinematographer Halyna Hutchins were disappointed that prosecutors won't appeal the dismissal of an involuntary manslaughter charge against Baldwin. The criminal charge against Baldwin was dismissed halfway through trial in July on allegations that police and prosecutors withheld evidence from the defense.

Hutchins died shortly after being wounded during a rehearsal in the movie “Rust” in October 2021 at a film-set ranch on the outskirts of Santa Fe, New Mexico.

Baldwin, the lead actor and coproducer, was pointing a pistol at Hutchins when it discharged, killing Hutchins and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.

Allred said Hutchins' relatives are determined to pursue damages and compensation from Baldwin and “Rust” producers in New Mexico civil court, and want Baldwin to answer questions under oath in the proceedings. Hutchins' widower and son previously reached a separate legal settlement.

“With the withdrawal that was made public yesterday, we are now able to proceed with our civil case,” Allred said. “Clearly, the rights of Alec Baldwin were protected, but the due process rights of the victims — Halyna Hutchins and her parents and her sister — were violated.”

Actor Alec Baldwin attends his trial for involuntary manslaughter for the 2021 fatal shooting of cinematographer Halyna Hutchins during filming of the Western movie "Rust," July 12, 2024, at Santa Fe County District Court in Santa Fe, N.M. (Ramsay de Give/Pool Photo via AP, File)

Allred said she's ready to prove that Hutchins had a close relationship with her parents and sister — a prerequisite for seeking civil damages.

In November court filings in the civil lawsuit, Baldwin denied allegations that he was negligent or at fault in the shooting of Hutchins and sought to suspend the case. Attorneys for Baldwin could not immediately be reached Tuesday.

Allred read a statement from Hutchins' sister, Svetlana Zemko, that said, “Mr. Baldwin must be held accountable.”

In April, a judge sentenced movie weapons supervisor Hannah Gutierrez-Reed to the maximum of 1 1/2 years at a state penitentiary on an involuntary manslaughter conviction in Hutchins’ death.

Allred condemned New Mexico Attorney General Raúl Torrez for declining to appeal the dismissal of the criminal charge against Baldwin, calling him “the Grinch who stole Christmas" at the Christmas Eve news conference.

Torrez spokesperson Lauren Rodriguez defended the decision in an email, citing “significant procedural irregularities” identified by the judge in the criminal case.

"Attorney General Torrez will not prolong the grief and anguish of Ms. Hutchins' family in the vain attempt to salvage the compromised criminal case against Mr. Baldwin,” Rodriguez said. “There are other victims’ families in Santa Fe County and across New Mexico who are awaiting justice, and our energy needs to be devoted to supporting those cases on appeal.”

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