Alec Baldwin settles with Hutchins' family; 'Rust' to resume filming

Oct. 6—Part of the legal tangle involving the fatal 2021 shooting on the set of the movie Rust has been resolved.

But much remains unclear, including whether anyone will face criminal charges in the death of Halyna Hutchins.

Actor Alec Baldwin announced Wednesday he has reached a settlement agreement with Hutchins' family, nearly a year after the prop pistol he was holding on the movie set south of Santa Fe discharged and killed the cinematographer.

The terms of the settlement agreement were sealed in First Judicial District Court.

Production on Rust — which was indefinitely suspended following Hutchins' death in October 2021 — is now set to resume early next year, according to a statement released Wednesday by Hutchins' husband, Matthew Hutchins, through his attorney, Brian Panish, confirming the settlement agreement.

However, it is uncertain whether filming will resume in New Mexico or be done elsewhere.

"The filming of Rust, which I will now executive produce, will resume with all the original principal players on board, in January 2023," Matthew Hutchins' statement says. "I have no interest in engaging in recriminations or attribution of blame [to the producers or Mr. Baldwin]. All of us believe Halyna's death was a terrible accident. I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna's final work."

Baldwin also released a statement Wednesday on Instagram confirming the settlement.

"We are pleased to announce today the settlement of the civil case filed on behalf of the family of cinematographer, Halyna Hutchins," Baldwin wrote. "Throughout this difficult process, everyone has maintained the specific desire to do what is best for Halyna's son. We are grateful to everyone who contributed to the resolution of this tragic and painful situation."

While Baldwin and the 26 other individuals and businesses named in the civil lawsuit have settled, the state Board of Finance awarded the First Judicial District Attorney's Office more than $317,000 in late September to potentially bring criminal charges against four people connected to the shooting.

A spokeswoman for District Attorney Mary Carmack-Altwies said Wednesday the settlement in the wrongful death case would have no impact on whether Carmack-Altweis decides to pursue criminal charges.

"While civil suits are settled privately and often involve financial awards, criminal cases deal only in facts," said Heather Brewer. "If the facts and evidence warrant criminal charges under New Mexico law, then charges will be brought. No one is above the law."

Brewer said while the District Attorney's Office has no opinion on film production schedules, "if there are charges in the case, pretrial release conditions — such as prohibitions against using or possessing firearms or having contact with victims and witnesses — could severely impact the ability of the production to proceed on the suggested timeline."

The district attorney continues to wait for the Santa Fe County Sheriff's Office to finish its report on Hutchins' shooting. Sheriff's office spokesman Juan Ríos wrote in an email Tuesday his department is still working on completing its inquiry.

"Once the case file is completed, reviewed by supervisors and approved for release, the sheriff's office will then forward the case to the district attorney," Ríos wrote. "At this time I do not have a timeframe as to when it will be forwarded to the DA."

When asked whether the sheriff's office has any concerns about Rust possibly restarting production in New Mexico, Ríos said it has no bearing on the investigation.

Ríos told The New Mexican the sheriff's office received Baldwin's cellphone records in late August, the last piece authorities need to review before finishing the case file.

Hutchins was fatally shot Oct. 21, 2021 while working on the set of Rust, which Baldwin was set to star in and produce. Director Joel Souza also was injured in the shooting.

In a statement provided by public relations firm Mercury LLC, Souza praised Hutchins' talent and positive energy and said he wishes the world got to know who she was through different circumstances.

"In my own attempts to heal, any decision to return to finish directing the film could only make sense for me if it was done with the involvement of Matt and the Hutchins family," Souza said. "Though certainly bittersweet, I am pleased that together, we will now complete what Halyna and I started. My every effort on this film will be devoted to honoring Halyna's legacy and making her proud. It is a privilege to see this through on her behalf."

Angela Bailey — the director of public relations for the law firm representing Hutchins' family — said she had no further comment regarding Rust resuming production, potential increased safety protocols on set, whether those possibly facing criminal prosecution will return in 2023 or any other information about Wednesday's settlement announcement.

State Economic Development Department spokesman Bruce Krasnow said the New Mexico Film Office has no comment regarding Wednesday's agreement or Rust resuming production in 2023.

Krasnow said there was a meeting this morning regarding Wednesday's announcements with members of his department and the New Mexico Film Office. He said the state does not speak for the film's production, or private businesses, and does not issue film permits.

Online court records show the specifics of the settlement agreement have been sealed in First Judicial District Court. A motion Sept. 29 to seal the records cites the involvement of Hutchins' minor son as reason for confidentiality.

"The right to privacy of [Hutchins' minor son] overrides and overcomes the public's right to access information about him in this case," according to the motion. "Due to the incredible public and media interest in the death of his mother, a substantial probability exists that [his] overriding privacy interest will be prejudiced if the court does not seal these records."

The document also states Matthew Hutchins has gone to great lengths to shield his son from news coverage pertaining to his mother's death, including monitoring his internet usage to ensure he doesn't see content related to her death and enrolling him in a private school with instructions to the school to help keep his son away from discussions regarding his mother's death.

"Despite these efforts, [Hutchins' son] has been impacted by the media feeding frenzy over this case," the motion says.

Details remain sparse regarding Rust's continued production next year. None of the announcements made Wednesday indicate if the film will continue to shoot in New Mexico.

Representatives from Bonanza Creek Ranch, where Hutchins was shot, did not respond to a request for comment regarding whether production on Rust will resume at the ranch. State Film Office spokeswoman Dolores Martinez said questions about the film should be referred to the production company.

New Mexico Environment Department spokesman Matthew Maez wrote in an email Wednesday gun safety violations brought against Rust Movie Productions, LLC were abated once they ceased filming. However, he said Rust resuming production in New Mexico would make the set subject to further inspections from the state's Occupational Health and Safety Bureau.

"If OHSB finds violations during follow-up inspection, Rust would be subject to additional citations and penalties," Maez wrote. "If OHSB determines an imminently dangerous condition exists upon resumption of filming, the Bureau may seek relief through the courts under emergency provisions of the [Occupational Health and Safety] Act."