Alec Baldwin to face civil trial over alleged negligence in deadly 'Rust' shooting
Alec Baldwin will face trial in a civil case alleging he negligently fired a gun on the set of "Rust," killing the film's cinematographer, a judge ruled on Friday.
Serge Svetnoy, a gaffer on the New Mexico set who filed the complaint against Baldwin and Rust Movie Productions, alleged that he suffered emotional distress due to the 2021 shooting.
Los Angeles Superior Court Judge Maurice Leiter on Friday allowed two of Svetnoy's claims -- negligence and intentional infliction of emotional distress -- to move forward.
"A reasonable jury could find that Mr. Baldwin recklessly disregarded the probability that pointing a gun in the direction of someone, with his finger on the trigger, would cause emotional distress," Leiter wrote in his summary judgment.
Regarding the negligence claim, Leiter wrote that while others were responsible for the safe handling and operation of a firearm on the set, that "does not relieve Mr. Baldwin of his duty of care" to Svetnoy.
Svetnoy also alleged that the bullet that fatally struck "Rust" cinematographer Halyna Hutchins narrowly missed him. Leiter dismissed Svetnoy's assault claim, finding that he did not present any evidence that Baldwin "intended to cause harm" to him or anyone else.
ABC News has reached out to Baldwin's attorneys for comment but had not yet received a response.
Several lawsuits have been filed in connection with the shooting, including ones brought by other "Rust" crew members and Hutchins' husband that were ultimately settled without going to trial and no admission of wrongdoing.
Hutchins was killed on Oct. 21, 2021, when she was shot by Baldwin while he was practicing using a Colt .45 revolver. The prop gun, which Baldwin believed to contain dummy rounds, actually had a live round of ammunition in it. Director Joel Souza was also struck in the shooting, but recovered from his injuries.
Baldwin has denied pulling the trigger.
"Rust" armorer Hannah Gutierrez was convicted of involuntary manslaughter in connection with Hutchins' death in 2024. Prosecutors argued during the trial that she was the source of the live bullet and had failed to follow safety protocols meant to protect the crew while handling the firearms. Gutierrez was sentenced to 18 months in prison, the maximum for the offense, and has since been released.
A charge of involuntary manslaughter against Baldwin, for which he pleaded not guilty, was dismissed during his 2024 trial, after his defense argued that ammunition that came into the hands of local law enforcement related to the investigation was "concealed" from them.
Judge Mary Marlowe Sommer said the state's discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence "injected needless delay into the proceedings," approached "bad faith" and was "highly prejudicial to the defendant."
She dismissed the case with prejudice, meaning Baldwin cannot be tried again on the charge.
Baldwin subsequently filed a lawsuit alleging malicious prosecution, which is ongoing. The defendants are seeking to dismiss his suit, arguing in court filings that they are protected by prosecutorial immunity and that Baldwin has failed to state a claim.
