Alec Baldwin’s Renewed Stay Request Granted in ‘Rust’ Crew Member Suit

A judge has granted a motion by Alec Baldwin and his company El Dorado Pictures to re-impose a stay of a civil suit stemming from the accidental fatal shooting of cinematographer Halyna Hutchins with a bullet fired by the actor/producer from a prop weapon.

Los Angeles Superior Court Judge Maurice Leiter issued the ruling Friday, citing the New Mexico prosecution’s appeal of a decision by a judge in that state in the summer dismissing criminal proceedings against the 66-year- old actor.

“Under these circumstances, the court finds that a renewed stay as to moving defendants is appropriate,” Leiter wrote. “The potential prejudice to moving defendants without a stay is high and the potential prejudice to plaintiff of a stay is relatively low.”

In their court papers, “Rust” gaffer Serge Svetnoy’s lawyers argued against putting the case on hold.

“The rumored appeal of the dismissal of the criminal case hardly forms the kind of foundation on which the court should base an all-encompassing stay order,” Svetnoy’s lawyers contended.

In August, Leiter lifted a temporary hold on Svetnoy’s case that the judge had imposed on Jan. 4. At the time, Leiter found that Baldwin’s deposition testimony could have been used against him in the criminal case in New Mexico in which Baldwin was charged with involuntary manslaughter in Hutchins’ death.

However, on July 12, a New Mexico judge dismissed the criminal case against Baldwin in mid-trial on grounds that the prosecution had suppressed evidence. But since the prosecutor is appealing the judge’s ruling, Baldwin’s attorneys state in new court papers that Svetnoy’s lawsuit, set for trial on May 12, 2025, should once again be paused.

“It is highly unlikely that the criminal appeal will be resolved sufficiently before the civil trial date to allow (Svetnoy) to depose Baldwin, even if he proceeded with discovery from the other defendants,” Baldwin’s attorneys argued in their pleadings. “And given the Baldwin defendants’ role in this case, it makes no sense to take discovery in such stages.”

But Svetnoy’s lawyers said any stay would substantially prejudice their client with unnecessary delay and the risk of loss of evidence.

“Plaintiff understands that there is a hypothetical chance that the criminal case could be revived if the prosecutors in New Mexico appeal the order dismissing the civil matter and if the court of appeals in New Mexico reverses the trial court’s decision, but unless and until that appeal is taken, this motion is based on little more than base speculation,” Svetnoy’s lawyers argued.

Svetnoy’s attorneys further maintained that with each passing day, the memories of other crew members, including Baldwin himself, will fade and that key case documents may disappear.

“In addition, the stay will deny plaintiff any modicum of emotional closure,” they further state.

Svetnoy claimed in his original suit filed in November 2021 that the shooting on the film’s set “was caused by the negligent acts and omissions” of the multiple defendants in his suit. In a subsequent an amended complaint, Svetnoy added causes of action for assault and intentional infliction of emotional distress against Baldwin only.

Svetnoy alleges Baldwin “willfully disregarded the laws of New Mexico when he acted as alleged herein with the loaded Colt revolver” and says he felt the bullet whiz by him and that gunpowder and other residual materials struck the right side of his face.

As a result of Baldwin’s “pointing and subsequently discharging the gun towards him, (Svetnoy) has suffered compensable damages including … physical injury and extreme and severe emotional distress,” according to the amended suit, which further states that the actor’s actions were taken with “utter disregard” for the plaintiff’s safety.

Svetnoy was among the first “Rust” crew members to publicly speak out about the shooting that killed the 42-year-old Hutchins while Baldwin was helping to prepare camera angles on the film’s set near Santa Fe. The weapon, which was supposed to contain only blank rounds, discharged a lead bullet that struck Hutchins in the chest then lodged in the shoulder of director Joel Souza, now 51.

Svetnoy wrote on social media days later that he witnessed the shooting and comforted the bleeding Hutchins until paramedics arrived. He says he immediately deemed the shooting an act of negligence, saying armorer Hannah Gutierrez-Reed and assistant director David Halls both failed to check the weapon before declaring it safe and passing it to Baldwin.

–City News Service