A judge has ruled that actor Alec Baldwin will face a civil trial in October over the fatal 2021 shooting on the set of the film "Rust," keeping the high-profile case in the spotlight despite the earlier dismissal of criminal charges.
Baldwin's involuntary manslaughter case was thrown out in July 2024 after a judge found that prosecutors had withheld evidence. However, the actor continues to battle several civil lawsuits tied to the incident in Santa Fe, New Mexico, in which cinematographer Halyna Hutchins was killed.
Friday's ruling centers on a lawsuit brought by Serge Svetnoy, a gaffer who was on set at the time. Svetnoy claims he suffered emotional distress due to alleged negligence by Baldwin and the film's production team.
Baldwin has maintained that he did not know the gun contained a live round, a breach of industry safety standards, and has insisted he did not pull the trigger.
In a summary judgment decision obtained by Variety, Los Angeles Superior Court Judge Maurice Leiter allowed the case to move forward, rejecting arguments from Baldwin and Rust Movie Productions that they should not be held responsible for on-set safety.
"A reasonable jury could find that Mr. Baldwin recklessly disregarded the probability that pointing a gun in the direction of someone, with the finger on the trigger, would cause emotional distress," the judge wrote.
While Svetnoy was not physically injured, he alleges he felt a "whoosh" from the gunshot and heard a loud bang. The judge dismissed his assault claim, saying there was no evidence Baldwin intended to harm anyone.
If the case proceeds — and is not settled — Baldwin is expected to face renewed questions about his actions on set and whether they amounted to recklessness.
"Mr. Baldwin is the last line of defense," John Upton, Svetnoy's attorney, argued at a hearing on Friday. "Guns generally do not shoot themselves."
Judge Leiter also allowed claims for punitive damages, negligence and intentional infliction of emotional distress to go forward. Rust Movie Productions had argued the case should be handled through the workers' compensation system, but the judge rejected that claim, noting the company failed to show such coverage was in place.
"We're pleased with the court's decision," Upton said outside court. "And we'll see where it goes from here."
The trial had been scheduled to begin in May, but both sides sought a delay to continue discovery and explore a possible settlement. With the case now nearing five years since the shooting, Leiter set a new trial date of Oct. 12 and indicated he is not inclined to grant further delays.
"I'm a little concerned about this case going on and on and on when it should be coming to a resolution," the judge said.
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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