Actor Alec Baldwin will no longer face any criminal charges for his involvement in the fatal “Rust” movie set shooting, but he will be heading back to court once again.
A Los Angeles judge ruled on Friday that a civil case against the 68-year-old actor will move forward to trial.
Baldwin’s manslaughter criminal case for the tragic October 2021 death of cinematographer Halyna Hutchins was dismissed in July 2024, after a judge ruled that prosecutors withheld evidence.
The civil suit was brought forth by “Rust” gaffer Serge Svetnoy, who alleges in his suit that he has suffered “emotional distress” due to Baldwin’s negligence that resulted in Hutchins’ death.
The actor was rehearsing a scene with a firearm, though he has said that he was not aware there was live ammunition loaded when the gun fired and killed Hutchins on the Santa Fe, New Mexico film set.
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Baldwin has not only insisted that he didn’t know the gun had live ammo, but also that he did not actually pull the trigger when the fatal shot was fired.
Los Angeles Superior Court Judge Maurice Leiter issued a summary judgment on Friday, rejecting defense arguments that Baldwin and producers were not legally responsible for safety on the set.
“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.
The bullet fired from the gun Baldwin was holding struck Hutchins in the chest and travelled through her body and then struck “Rust” director Joel Souza in the shoulder.
Svetnoy was not injured in the shooting, though he has claimed that he felt a “whoosh” from the gun being fired, and that he heard a loud a bang.
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The judge did toss Svetnoy’s assault claim, asserting that there was no evidence Baldwin intended to harm anyone.
Baldwin will be questioned on his behavior – whether pointing a firearm at others on the set was reckless or not.
Svetnoy’s attorney John Upton said at the Friday hearing, “Mr. Baldwin is the last line of defense. Guns generally do not shoot themselves.”
The production company – Rust Movie Productions – argued that Svetnoy’s lawsuit should be handled through the workman’s compensation system, though Leiter rejected that argument, since the company didn’t actually have any employees.
Leiter also allowed claims for punitive damages, negligence and intentional infliction of emotional distress, though the trial will be delayed for several months.
The trial was originally slated to begin on May 12, though both sides asked for a continuance, both to explore further discovery options and to discuss a potential settlement.
Leiter did set a new trial date for October 12, though he noted that the case – which is nearly five years old at this point – needed to come to an end sooner rather than later.
“I’m a little concerned about this case going on and on and on when it should be coming to a resolution,” Leiter said.

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