Actor Alec Baldwin is headed for a civil trial over the 2021 fatal shooting on the set of the film Rust, after a judge ruled that a lawsuit filed by a crew member can proceed.
Los Angeles Superior Court Judge Maurice Leiter allowed claims of negligence and intentional infliction of emotional distress to move forward, while dismissing an assault claim, according to court documents released on Friday. The lawsuit was filed by Serge Svetnoy, who worked as the film's lighting technician.
Svetnoy alleges that Baldwin and the production company violated gun safety protocols during the filming in New Mexico. He claims a bullet narrowly missed him during the incident that killed cinematographer Halyna Hutchins and injured director Joel Souza.
While rehearsing a scene, Baldwin's prop gun discharged a live round, resulting in the death of Hutchins and injury to Souza. Baldwin has consistently denied pulling the trigger.
The civil trial is provisionally scheduled for October 12, unless a settlement is reached beforehand. This development comes after Baldwin's criminal case was dismissed in 2024. A New Mexico judge threw out the criminal charges with prejudice, meaning they cannot be revived, citing that police and prosecutors withheld evidence—specifically a batch of bullets—from the defense team.
Prosecutors argued the ammunition was unrelated to the case, but the judge ruled it should have been disclosed regardless. Meanwhile, the film's armorer, Hannah Gutierrez-Reed, was convicted of involuntary manslaughter and sentenced to 18 months in prison in 2024.
Baldwin and the film's producers previously settled a lawsuit with Hutchins' family. The BBC has reached out to a lawyer representing the defendants for comment on the latest civil proceedings.