Judge clears the way for a civil case to proceed against Alec Baldwin and 'Rust' producers

A New Mexico judge on Wednesday rejected a request by Alec Baldwin’s attorneys to dismiss a civil lawsuit by three “Rust” crew members who allege cost-cutting endangered the cast and crew as the actor-producer skipped his own safety training.

Chief District Judge Bryan Biedscheid also declined to delay proceedings despite arguments by Baldwin's legal team that doing to so would put their client at risk of self-incrimination since prosecutors have yet to decide whether to refile criminal charges against him over the fatal on-set shooting of a cinematographer.

Attorney Robert Schwartz told the judge there would be nothing to prevent prosecutors from using evidence gleaned from discovery in the civil case against Baldwin in the criminal case, if charges are refiled. As an example, he pointed to any interpretation of Baldwin's production contract and what authority he had over decision making.

Schwartz said the court is putting Baldwin in an “unfortunate position.”

Prosecutors have been mum about when a decision will be announced, but in asking for the civil case to be delayed, Schwartz indicated Wednesday that it could come within the next few weeks.

Baldwin, a co-producer of the film, was pointing a gun at cinematographer Halyna Hutchins during a rehearsal on the film’s set outside Santa Fe when the gun went off, killing her and wounding director Joel Souza.

The 2021 shooting resulted in a series of civil lawsuits centered on accusations that the defendants were lax with safety standards. The cases have included wrongful death claims filed by members of Hutchins' family. Baldwin and other defendants have disputed accusations they were lax with safety standards.

The plaintiffs in the case heard Wednesday say Baldwin, who was born in Amityville and raised in Massapequa, and the other producers cut corners, ignored reports of multiple unscripted firearm discharges and rushed to finish the film while being understaffed.

Baldwin's attorneys argue that none of the plaintiffs was physically injured and should not be allowed to recover any damages.