In the wake of Alec Baldwin again facing possible criminal charges over the 2021 fatal shooting of cinematographer Halyna Hutchins on a New Mexico film set, a judge Thursday put on hold the portions of two civil cases as they pertain to the actor and his company, El Dorado Pictures Inc.
New Mexico special prosecutors announced Oct. 17 that they plan to present their investigation of the actor to a grand jury. Baldwin, 65, had originally been charged with involuntary manslaughter and involuntary manslaughter in the commission of a lawful act stemming from the Oct. 21, 2021, shooting of Hutchins with a prop gun wielded by the actor on the set of “Rust.”
But in April, prosecutors said “new facts” had emerged that left them unable to immediately proceed with the criminal case against Baldwin based on “the facts and evidence turned over by law enforcement in its existing form.” They warned, however, that the decision “does not absolve Mr. Baldwin of criminal culpability and charges may be re- filed.”
On Thursday, Los Angeles Superior Court Judge Mel Red Recana put on hold all discovery in the portions of cases brought by “Rust” script supervisor Mamie Mitchell and the film’s chief lighting technician, Serge Svetnoy as they involved Baldwin and El Dorado Pictures.
In their court papers arguing in favor of the stay, Baldwin’s attorneys argued that the cases involved “textbook” situations that call for a hold on the civil cases pending resolution of the potential criminal proceeding so as to not impact Baldwin’s fifth amendment rights by allowing prosecutors to use any statements he makes in the civil case against him in the potential criminal matter.
Svetnoy wrote on social media days later that he witnessed the shooting and comforted the bleeding Hutchins until paramedics arrived. 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.
Mitchell was standing adjacent to Hutchins when the cinematographer was killed.
Baldwin, a producer and star of “Rust,” was helping to prepare camera angles for a scene on the film’s set near Santa Fe, New Mexico when the actor fired a prop gun that was supposed to contain only blank rounds, but instead discharged a lead bullet that fatally struck Hutchins, 42, in the chest, then lodged in the shoulder of director Joel Souza, now 50.
Baldwin has insisted he was told the gun was “cold,” or contained no live rounds. He has also insisted that while he pulled back the hammer on the weapon, he never pulled the trigger.
The film’s armorer,26-year-old Hannah Gutierrez-Reed, was charged with involuntary manslaughter in connection with the shooting and is awaiting trial. She has also denied any wrongdoing or knowledge of how live ammunition wound up on the set.
Filming on “Rust” was suspended after the shooting, but resumed earlier this year, with Hutchins’ husband serving as a producer under the terms of a lawsuit settlement.