A New Mexico judge on Wednesday denied Alec Baldwin’s attorneys’ request to dismiss a civil lawsuit by three crew members of the movie “Rust.” The crew members alleged that cost-cutting measures placed the cast and crew in danger, as Baldwin skipped his safety training.
Chief District Judge Bryan Biedscheid also refused to postpone the proceedings, despite arguments from Baldwin’s legal team that doing so would expose him to self-incrimination. This is because prosecutors have yet to decide whether to refile criminal charges against Baldwin for the fatal shooting of a cinematographer on the set.
Baldwin’s attorney, Robert Schwartz, told the judge that evidence from the civil case could be used against Baldwin in the potential criminal case. For example, Baldwin’s production contract and his authority over decision-making could be interpreted by prosecutors. Schwartz argued that Baldwin would be forced to assert his 5th Amendment rights, halting discovery in the civil case.
Schwartz expressed concern that Baldwin would be in an “unfortunate position” since no protective order could protect him from incrimination. He predicted that Baldwin would assert his 5th Amendment rights, preventing the plaintiffs from obtaining any discovery in the meantime.
The judge disagreed, assuring that he would consider Baldwin’s rights during the proceedings.
Prosecutors have not announced when they will make a decision on filing charges. However, Schwartz suggested that it could happen within the next few weeks while requesting a delay in the civil case.
The incident occurred in 2021 when Baldwin, who is also a co-producer of the film, was rehearsing a scene with a firearm that discharged. The shooting resulted in the death of cinematographer Halyna Hutchins and the injury of director Joel Souza.
Multiple civil lawsuits have been filed in relation to the shooting, centering on allegations of negligence regarding safety standards. Wrongful death claims have also been filed by Hutchins’ family members. Baldwin and other defendants have denied accusations of neglecting safety measures.
The plaintiffs in the case argue that Baldwin and the other producers took shortcuts, disregarded reports of accidental firearm discharges, and rushed production with an understaffed crew. They claim to have suffered mental and emotional distress by witnessing the shooting.
Baldwin’s attorneys contend that none of the plaintiffs suffered physical injuries and should not be entitled to any damages. They assert that gun safety was the responsibility of others involved in the production, not Baldwin. They also argue that his authority as a producer was limited to providing suggestions on the script and casting.
A separate settlement was reached in March between New Mexico workplace safety regulators and Rust Movie Productions. The settlement aimed to resolve allegations of workplace safety violations. After reviewing the case, the state highlighted multiple safety failures that violated industry protocols. The state’s investigation found that production managers failed to address earlier misfires before the fatal shooting.
Regulators also documented crew members’ complaints about gun safety that went unanswered, and they reported that weapons specialists were not given the authority to enforce additional safety training.
