A judge has granted a motion by Alec Baldwin's attorneys for a stay of the parts of a lawsuit brought against the actor and his company, El Dorado Pictures, stemming from the accidental shooting of cinematographer Halyna Hutchins with a bullet fired by the actor/producer from a prop weapon.
Baldwin's attorneys stated in their court papers filed with Los Angeles Superior Court Judge Maurice A. Leiter that their client wanted to make sure no further criminal allegations are brought against him before plaintiff Serge Svetnoy's civil case moves forward because his deposition testimony could be used against him in any criminal case.
On Thursday, the judge stayed all discovery concerning Baldwin and El Dorado and scheduled a July 9 status conference. The rest of the case against other crew members and producers sued will proceed.
"There is little risk at this time that a stay as to Baldwin and El Dorado Pictures will result in lost evidence or faded memories," Leiter wrote. "The balance of the competing interests requires a stay."
In April, New Mexico prosecutors said "new facts" had emerged that left them unable to immediately proceed with the criminal case against Baldwin based on "the facts and evidence turned over by law enforcement in its existing form." They warned, however, that the decision "does not absolve Mr. Baldwin of criminal culpability and charges may be re-filed."
Six months later, New Mexico special prosecutors announced Oct. 17 that they plan to present their investigation of the actor to a grand jury. Baldwin, 65, had originally been charged with involuntary manslaughter and involuntary manslaughter in the commission of a lawful act stemming from the Oct. 21, 2021, shooting of the 42-year-old Hutchins.
Leiter noted that the announcement by the special prosecutors is a new development since the judge first denied a stay of the entire case in September.
"Most salient for (Baldwin and El Dorado) is that the ongoing grand jury proceedings in New Mexico and the renewed possibility of criminal charges against Baldwin implicate his Fifth Amendment right against self-incrimination in this action," the judge wrote.
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.
Svetnoy alleges Baldwin "willfully disregarded the laws of New Mexico when he acted as alleged herein with the loaded Colt revolver" and 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 the 42-year-old 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.
Follow KNX News 97.1 FM
Twitter | Facebook | Instagram | TikTok