The production company behind the movie “Rust” reached a settlement with the family of the cinematographer killed on set last October, both parties announced Wednesday.
Halyna Hutchins, 42, died after being shot by a firearm that was handled by actor and producer Alec Baldwin at the Bonanza Creek Ranch near Santa Fe, N.M., where production of the Western film was taking place.
The cinematographer’s husband, Matthew Hutchins, and their 9-year-old son filed a wrongful death lawsuit in February naming Baldwin, his fellow producers and multiple crew members.
“As part of that settlement, our case will be dismissed,” Matthew Hutchins said Wednesday.
“The filming of ‘Rust,’ which I will now executive-produce, will resume with all the original principal players onboard in January 2023,” he added. “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.”
The terms of the civil settlement were not announced. The agreement remains subject to court approval.
Baldwin claims he was told the gun was “cold,” indicating it wasn’t loaded with live ammunition, before the fatal incident on Oct. 21, 2021. He also claims he never pulled the gun’s trigger.
“Throughout this difficult process, everyone has maintained the specific desire to do what is best for Halyna’s son,” Baldwin’s attorney Luke Nikas said Wednesday in the settlement announcement. “We are grateful to everyone who contributed to the resolution of this tragic and painful situation.”
A lawyer for Rust Movie Productions, meanwhile, called the settlement an “important step forward in celebrating Halyna’s life.”
Authorities launched an investigation into how live ammunition made it onto the movie’s set. No one has been criminally charged, but Santa Fe County District Attorney Mary Carmack-Altwies said last month in an emergency funding request that four defendants could be charged, including Baldwin.
The shooting also wounded director Joel Souza, who said Wednesday that resuming the film’s production will be dedicated to Hutchins’ “legacy and making her proud.”
“Those of us who were lucky enough to have spent time with Halyna knew her to be exceedingly talented, kind, creative and a source of incredible positive energy,” Souza said.
“I only wish the world had gotten to know her under different circumstances, as it surely would have through her amazing work. 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. Though certainly bittersweet, I am pleased that together, we will now complete what Halyna and I started.”
The New Mexico medical investigator’s office ruled in August the “Rust” shooting was accidental, saying there was “no compelling demonstration” that someone intentionally loaded the gun with live ammunition.
The district attorney’s office said Wednesday that the civil settlement between Rust Movie Productions and Hutchins’ family will have “no impact” on Carmack-Altwies’ investigation or whether she’ll file charges.
“While civil suits are settled privately and often involve financial awards, criminal cases deal only in facts,” a spokeswoman said in a statement to the Daily News. “If the facts and evidence warrant criminal charges under New Mexico law then charges will be brought. No one is above the law.”
