Attorneys for the chief lighting technician for the film "Rust" state in new court papers that it would be unfair to put a hold on their client's lawsuit despite defendant Alec Baldwin's assertion that he needs assurance no further criminal allegations are brought against him before the civil case moves forward.
According to papers brought Friday in Los Angeles Superior Court by plaintiff Serge Svetnoy's lawyers, Baldwin has not yet been given notice of his deposition, but when it does occur, the actor is free to assert his Fifth Amendment right against self-incrimination.
"What he cannot do, however, is stay the entire case or all discovery pertaining to him merely because the potential of a parallel criminal matter may exist," Svetnoy's attorneys argue. "Simply put, Baldwin's generic claim of prejudice from having to decide whether or not to assert the Fifth Amendment is not sufficient prejudice to require a stay, specially where, as here, the New Mexico prosecutors have dropped the criminal charges against Baldwin."
Svetnoy claimed in his original suit filed in November 2021 that the fatal shooting on the film's set "was caused by the negligent acts and omissions" of the multiple defendants in his suit. In an amended complaint brought April 26, Svetnoy added causes of action for assault and intentional infliction of emotional distress against the 65-year-old Baldwin only.
Baldwin and the film's armorer, Hannah Gutierrez-Reed, were previously charged along with two alternate counts of involuntary manslaughter in the Oct. 21, 2021, shooting of 42-year-old cinematographer Halyna Hutchins with a bullet fired by the actor/producer from a prop weapon.
Although charges were later dropped against Baldwin, they were done so "without prejudice," meaning they can be refiled later, and prosecutors said the investigation was active and ongoing.
But in court papers filed previously with Judge Maurice Leiter in advance of a scheduled Sept. 15 hearing on the motion, Baldwin's attorneys maintain Svetnoy's case should not move forward unless and until New Mexico prosecutors decide they will not refile a criminal case against him.
"Therefore, if this civil case is allowed to proceed, Baldwin will be forced to choose between providing testimony in his own defense that may be incriminatory and losing the case by asserting his constitutional rights and remaining silent," Baldwin's lawyers argue.
In his suit, Svetnoy alleges Baldwin "willfully disregarded the laws of New Mexico when he acted as alleged herein with the loaded Colt revolver."
Svetnoy says he felt the bullet whiz by him and that gunpowder and other residual materials struck the right side of his face.
As a result of Baldwin's "pointing and subsequently discharging the gun towards him, (Svetnoy) has suffered compensable damages including ... physical injury and extreme and severe emotional distress," according to the amended suit, which further states that the actor's actions were taken with "utter disregard" for the plaintiff's safety.
Svetnoy was among the first "Rust" crew members to publicly speak out about the shooting that killed Hutchins while Baldwin was helping to prepare camera angles on the film's set near Santa Fe, New Mexico. The weapon, which was supposed to contain only blank rounds, discharged a lead bullet that struck Hutchins in the chest then lodged in the shoulder of director Joel Souza, now 50.
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 Gutierrez Reed and assistant director David Halls both failed to check the weapon before declaring it safe and passing it to Baldwin.
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