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Baldwin Reaches Settlement With Family of ‘Rust’ Cinematographer

Halyna Hutchins was killed on set when a gun held by Alec Baldwin went off. A settlement with producers, including Mr. Baldwin, means the film will resume production in January.

Halyna Hutchins was fatally shot during the filming of “Rust” in October 2021. “All of us believe Halyna’s death was a terrible accident,” her husband said in a statement.Credit...Swen Studios/Via Reuters

Latest news: Alec Baldwin charged with involuntary manslaughter in ‘Rust’ set shooting

The family of Halyna Hutchins, the cinematographer who was fatally shot by Alec Baldwin on the set of the movie “Rust” last year, has reached a settlement in its wrongful-death lawsuit against producers, including Mr. Baldwin, lawyers for the parties said on Wednesday.

Production of the film will resume in January, with Matthew Hutchins, Ms. Hutchins’s widower, as executive producer, according to the terms of the settlement. The film will be directed by Joel Souza, the movie’s original director.

Ms. Hutchins was killed when Mr. Baldwin was practicing with a gun he had been told was not loaded with live ammunition; it went off, striking her and Mr. Souza, who was wounded. Up to four people could face criminal charges, the Santa Fe County District Attorney’s Office recently indicated.

The suit, which was filed in February by Ms. Hutchins’s husband, her young son and the personal representative of her estate, accused Mr. Baldwin and the other defendants of reckless conduct and cost-cutting measures that endangered the crew, including failing to follow basic industry standard safety checks and gun safety rules.

“The filming of ‘Rust,’ which I will now executive produce, will resume with all the original principal players on board, in January 2023,” Mr. Hutchins said in a statement about the settlement that was released through his lawyer. He added, “I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna’s final work.”

Ms. Hutchins, 42, was fatally shot on Oct. 21, 2021, as Mr. Baldwin practiced drawing an old-fashioned revolver from a shoulder holster. Mr. Baldwin has insisted that he was not to blame in the fatal shooting, saying in a television interview last year that he did not pull the trigger of the gun when it fired a live round.

Other civil lawsuits have been filed against the production by crew members, and the Santa Fe County District Attorney’s Office recently requested additional funds to cover costs if charges were brought, which could result in several high-profile trials.

In its request for funding, the office said that up to four people — including Mr. Baldwin — could be charged if prosecutors decided criminal charges were warranted. It remains unclear why live bullets were on the film set and how at least one got into the gun that Mr. Baldwin was handling.

Lawyers for Mr. Hutchins said they were not sharing any further details of the settlement. Several others beyond the production company and Mr. Baldwin were named in the original lawsuit, including Hannah Gutierrez-Reed, the film’s armorer; Dave Halls, the first assistant director; and Seth Kenney, a supplier of guns and ammunition for the film. But the lawyers for Mr. Hutchins would not comment on whether they were included in the settlement, nor whether Mr. Baldwin would star as his original character, Harland Rust, when production resumes.

A lawyer for Mr. Baldwin, Luke Nikas, said: “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.”

A lawyer for Rust Movie Productions, Melina Spadone, said the resolution “marks an important step forward in celebrating Halyna’s life and honoring her work.”

In a statement, a lawyer for Ms. Gutierrez-Reed, Jason Bowles, said that his client was grateful the settlement would benefit the Hutchins family and that they were “hopeful that the district attorney’s office will also recognize that a measure of justice has been achieved in regards to this tragic accident, and that they will opt not to pursue criminal charges.” Mr. Bowles said he was not certain whether a dismissal of the settled lawsuit would apply to his client.

In a statement on Wednesday, a spokeswoman for the district attorney’s office, Heather Brewer, said the settlement had no bearing on whether the office would file criminal charges.

“If the facts and evidence warrant criminal charges under New Mexico law then charges will be brought,” she said. “No one is above the law.”

“Rust,” set in late 19th-century Kansas, centers on a grizzled outlaw, played by Baldwin, who is trying to help his teenage grandson escape from a sentence to hang after the accidental killing of a local rancher. In the scene Mr. Baldwin was practicing when the gun discharged, his character was cornered by the authorities in a small wooden church when he decides to shoot his way out.

Mr. Baldwin said in his television interview last year that “someone is ​responsible for what happened, and I can’t say who that is, but I know it’s not me.”

That led to a tense response from Mr. Hutchins, who said in a later television interview that he was angered by Mr. Baldwin’s denial of responsibility, saying, “The idea that the person holding the gun and causing it to discharge is not responsible is absurd to me.”

In Mr. Hutchins’s statement on Wednesday, he said he had “no interest in engaging in recriminations or attribution of blame” to Mr. Baldwin or any other producers.

“All of us believe Halyna’s death was a terrible accident,” the statement said.

Graham Bowley is an investigative reporter on the Culture desk. He also reported for The Times from Afghanistan in 2012. He is the author of the book “No Way Down: Life and Death on K2.” More about Graham Bowley

A version of this article appears in print on  , Section A, Page 19 of the New York edition with the headline: Actor Reaches Settlement Over Fatal Shooting on Set. Order Reprints | Today’s Paper | Subscribe

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