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Halyna Hutchins' family seeks answers, damages in Alec Baldwin's 'Rust' shooting. Now what?
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Now that a wrongful death lawsuit has been launched against Alec Baldwin and scores of others in connection with a fatal shooting on the New Mexico set of the film “Rust,” what happens next?
Maybe nothing immediately, at least while the criminal investigation of cinematographer Halyna Hutchins’ death is pending or if charges are eventually filed by the Santa Fe County sheriff and district attorney.
Hutchins, 42, died Oct. 21 during a rehearsal on the set, after she was shot with a real gun mysteriously loaded with a live bullet and wielded by Baldwin, the star of the Western and also one of its producers.
Here’s what some lawyers say are next steps:
‘Rust’ fatal shooting:Alec Baldwin, movie’s producers sued for wrongful death by Halyna Hutchins’ family
Can the civil suit proceed while a criminal investigation is underway?
Opinions differ.
“The mere fact there is a criminal investigation is going to stay a civil lawsuit,” predicts Neama Rahmani, who handles personal injury civil cases in Los Angeles and has been following the “Rust” tragedy. “The defense attorneys will file motions to stay, which will be granted. You can’t conduct discovery with a criminal investigation pending.”
But it happens all the time in New Mexico, says Randi McGinn, the Albuquerque personal injury attorney who represents Hutchins’ estate and survivors, husband Matthew Hutchins and their 9-year-old son, Andros.
McGinn is part of a high-powered team of lawyers assembled to conduct its own investigation of Hutchins’ death, some of which was presented to reporters at a news conference Tuesday to announce the filing of the lawsuit.
Putting civil suits on hold while criminal proceedings are underway is not uncommon elsewhere. The aim is to protect defendants from potential self-incrimination during the discovery and deposition phases of a civil proceeding that could later be used against them in a criminal court.
For example, multiple civil lawsuits filed against Bill Cosby in multiple states were put on hold for years while he was prosecuted on sex crimes in Pennsylvania. But he was one defendant, whereas this case involves dozens of defendants.
“I know of no judge (in New Mexico) who has stayed the entire case when someone claims they may be subject to criminal jeopardy,” McGinn says. “Not all (of those being sued) are in criminal jeopardy. It is highly unlikely the whole case will be stayed.”
How soon could the lawsuit go to trial?
McGinn predicts the case will proceed full speed ahead to discovery and depositions and then to a trial within the next 18 months to two years, as is typical in such cases in New Mexico.
“We find out the truth through discovery, that’s what happens next,” says McGinn. “The family wants to find out the truth, so we start down the discovery path to find out who was at fault, to prevent this from happening again.
“There are a lot of people who didn’t do their job, who just blew off safety to get this movie done fast,” she says. “Halyna would still be alive if a whole series of people had just done their jobs.”
Those involved look back:Why wasn’t anyone criminally charged in Brandon Lee’s death?
Who are the defendants in the lawsuit?
Aside from Baldwin, the suit targets more than 30 named defendants, including the other producers, the production company making the movie, plus individuals whose names have already come up in the sheriff’s investigation, such as armorer Hannah Gutierrez-Reed, prop master Sarah Zachry, assistant director David Halls and ammunition supplier Seth Kenney.
In addition, the defendants include up to 100 unnamed individuals or businesses, which covers anyone involved who might “bear responsibility” for the injuries the lawsuit asserts Hutchins’ family suffered as a result of her death.
Will the defendants, including Alec Baldwin, be questioned under oath?
Yes, almost certainly, especially if there is no quick settlement. But no one has to answer every question if they feel they are in criminal jeopardy.
Legal proceedings always feature involve discovery, when both sides exchange information, and depositions, when defendants and plaintiffs answer questions under oath from opposing lawyers in a non-public hearing. The idea is to find out what a witness knows and to preserve that testimony so that all parties know the facts before the trial.
However, some defendants in a civil case may fear that their deposition testimony will be used against them in a parallel criminal case.
The choice for those named in the “Rust” lawsuit who feel vulnerable to criminal charges (or are advised as such by their lawyers), McGinn says, is to plead the Fifth Amendment right to avoid self-incrimination when being questioned during a deposition.
“The choice isn’t to stay the case,” McGinn says. “Theoretically, we could (depose) Baldwin and his choice would be to answer our questions or plead the Fifth, and in New Mexico if you plead the Fifth, we can introduce that fact to the jury (at a trial).”
It might be a constitutional right, but pleading the Fifth could leave a whiff of suspicion in the minds of a jury, so defendants usually hope to avoid that.
Rahmani thinks it’s “very unlikely” Baldwin will be criminally charged with, say, involuntary manslaughter or criminal negligence.
“He was told the gun is cold, and maybe his finger should not have been anywhere near the trigger, but you can argue it’s reasonable for him to rely on someone else’s representation that it was not loaded,” Rahmani says. “Criminal negligence has to be gross in nature; on the civil side, it’s a much lower standard.”
‘Rust’ shooting:As Alec Baldwin faces a lawsuit, all eyes are on the gun that killed Halyna Hutchins
Could the case be settled out of court?
It’s always a possibility but lawyers don’t usually want to discuss a settlement at this early stage. It’s especially true in this case, where the criminal investigation is ongoing, the facts of what happened and who is responsible are still murky, there are multiple defendants, and the potential source of any financial award is unclear.
The most recent and relatively similar on-set shooting death case, the 1993 death of actor Brandon Lee on the set of “The Crow” in Wilmington, North Carolina, resulted in no criminal charges and, just months later, an undisclosed settlement before trial.
Rahmani thinks the chances the case will go all the way to a trial are “slim to none.”
What role does workers’ compensation play in the case?
None, McGinn says: Hutchins was an independent contractor, not an employee of the film company.
If a worker who dies on a worksite is classified as an employee, then New Mexico law considers that a workers’ compensation case, under which relatively modest damages – hundreds of thousands of dollars – could be collected, Rahmani says. But because Hutchins wasn’t an employee, any damages her family collected could amount to many millions.
Who will pay any damages?
That is still to be determined, by a trial or negotiations between lawyers for plaintiffs, defendants and insurance companies. But Rahmani thinks it could be the deepest pocket, maybe Baldwin’s.
“The other named defendants don’t have significant assets, which leads us to Baldwin,” Rahmani says. “As far as collectability, Baldwin is the best target. … He has the means to make this go away. Either as an individual or as a producer, paying $10 million to $30 million is easier for him than anyone else.”
Could the lawsuit bring about new safety standards on movie sets?
The insurance – who has it and how much – and other money issues will be sorted through the discovery phase, McGinn says.
But the Hutchins family has wider goals in pursuing a lawsuit, she says: Although such on-set tragedies are relatively rare, how can they be prevented in the future?
According to the lawsuit, Baldwin and the other defendants failed to follow multiple industry standards regarding gun safety rules, such as “always treat the gun as if it were loaded” even if you are told it’s not, as Baldwin was, and “never place a finger on the trigger,” which Baldwin denies he pulled.
“There are standards in place and if they had been followed, this would not have happened,” McGinn says. “So now what do we do? Do we push for laws to make the standards mandatory? What’s the best way to make sure people do their jobs?”
Gun safety protocols are rigid on film and TV sets:This ‘should never have happened’
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Travel
Razzies royally torch 'Diana' musical and 'Space Jam 2,' show love to Oscar favorite Will Smith
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In its proclamation of the worst films of 2021, the Razzies lambasted a critically reviled Princess Diana musical and LeBron James’ “Space Jam” sequel, but spread love instead of hate for Will Smith.
The Golden Raspberry Awards, annually announced the day before the Academy Awards, bestowed five dishonors on Netflix’s “Diana: The Musical,” a filmed production of the recent Broadway show that closed after 33 performances. “Diana” beat out “Infinite,” “Karen,” “Space Jam: A New Legacy” and “The Woman in the Window” for worst picture, plus picked up worst screenplay and worst actress for star Jeanna de Waal.
“New Legacy,” the live-action/animated hybrid basketball comedy featuring James hooping it up with Bugs Bunny and Co., earned three Razzie awards. James was named worst actor and also was saddled with worst screen couple – which went to James and “Any Warner Cartoon Character (or WarnerMedia Product) He Dribbles On” – while the movie snagged worst sequel.
How to watch the 2022 Oscars:Everything you should know about Sunday’s Academy Awards
“House of Gucci” star Jared Leto lost his Screen Actors Guild race for best supporting actor but nabbed the Razzie for worst. And Bruce Willis does so many VOD movies now that he received his own special category (worst performance by Bruce Willis in a 2021 movie) that, to no one’s surprise, he won – for “Cosmic Sin.”
Smith, who’s expected to win the best actor Oscar Sunday for “King Richard,” received this year’s Razzie Redeemer Award for previous Razzie honorees who’ve come back with quality efforts. Recent winners include Ben Affleck, Sylvester Stallone, Melissa McCarthy and Eddie Murphy.
The full list of this year’s Razzie “winners”:
Worst picture: “Diana: The Musical”
Worst actor: LeBron James, “Space Jam: A New Legacy”
Worst actress: Jeanna de Waal, “Diana: The Musical”
Worst supporting actress: Judy Kaye, “Diana: The Musical”
Worst supporting actor: Jared Leto, “House of Gucci”
Worst performance by Bruce Willis in a 2021 movie: Bruce Willis, “Cosmic Sin”
Worst screen couple: LeBron James and Any Warner Cartoon Character
(or WarnerMedia Product) He Dribbles On, “Space Jam: A New Legacy”
Worst remake, rip-off or sequel: “Space Jam: A New Legacy”
Worst director: Christopher Ashley, “Diana: The Musical”
Worst screenplay: “Diana: The Musical”
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Business
As more marijuana dispensaries get targeted by robbers, SAFE Banking Act lingers in Congress
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CHICAGO — In a ridiculous coincidence, the Saint Peter’s Peacocks wrote NCAA Tournament history on National Peacock Day with a thrilling upset of Purdue.
The mid-major became the first-ever No. 15 seed to reach the Elite Eight, outdoing previous No. 15 seeds Oral Roberts (2021) and Florida Gulf Coast (2013). Exactly 0.8% of people picked the Peacocks to get this far, with the school from Jersey City, New Jersey, defying all odds. Is Saint Peter’s the best Cinderella of all time?
Meanwhile, the ACC is sitting pretty with three teams – Duke and now North Carolina and Miami (Fla.) – in the Elite Eight on the same day the Big Ten saw its last team go down.
A look at three key takeaways from Friday:
Saint Peter’s writes NCAA history
Coach Shaheen Holloway has this team playing inspired basketball, and now the Peacocks (22-11) are just one win from the Final Four. The best Cinderellas of the last two decades to reach Final Fours – George Mason in 2006, VCU in 2011, Loyola-Chicago (2018) all were double-digit seeded mid-majors. But none was as highly seeded as this Saint Peter’s team that’s now beaten No. 2 seed Kentucky, No. 7 Murray State and No. 3 Purdue.
WINNERS, LOSERS:Poised Saint Peter’s keeps the dream alive; bye-bye, Big Ten; hello, ACC
OPINION:Saint Peter’s embodies wackiness and uncertainty of this NCAA Tournament
ANALYSIS:Purdue’s loss leaves Big Ten shut out of Elite Eight. We could see this coming.
MORE:Legendary Arkansas coach Nolan Richardson: Coach K’s farewell tour ends Saturday
OPINION:Houston is leaving Phi Slama Jama in the 1980s for good
While other bracket-busting NCAA Tournament darlings of yesteryear have had flair (FGCU’s “Dunk City”) or a lovable fan (Loyola’s Sister Jean), this team from the MAAC is doing it with defense, namely with nine steals. In spite of being undersized against the Boilermakers, the Peacocks used aggressiveness and hustle to outduel their seemingly superior opponent behind 6-8 freshman Clarence Rubert and 6-7 junior Hassan Drame. Daryl Banks III (14 points) is the go-to scorer for Saint Peter’s, but Mr. Clutch has been guard Doug Edert (10 points) off the bench. One stat to note: a 19-for-21 clip from the free-throw line. What’s been most impressive is the Peacocks’ ability to stay hungry and poised under pressure, winning close games in all three NCAA Tournament matchups.
Blue-bloods show title potential
Duke and Villanova advanced on Thursday, and fellow blue-bloods Kansas and North Carolina will now join them in the Elite Eight. And yes, if both the Blue Devils and Tar Heels win Sunday, we could see them meet in the Final Four.
Ever since North Carolina embarrassed Duke in coach Mike Krzyzewski’s final home game at Cameron Indoor Stadium, the Heels have been red-hot – knocking out No. 1 Baylor in the previous game in overtime. That continued against a UCLA team that reached the Final Four last year and seemed destined to get back. Caleb Love was brilliant again, finishing with 30 points off six three-pointers. Armando Bacot’s tip-in with 22 seconds left sealed the win in another impressive outing for coach Hubert Davis’ resilient team.
The last remaining No. 1 in the NCAA Tournament, Kansas stayed alive, escaping Providence by five points. It’s coach Bill Self’s ninth trip to the Elite Eight with Kansas and 11th of his career, as the Jayhawks (31-6) are one win from the Final Four. They’ve now won eight in a row and are looking like a title contender after entering the NCAA Tourney having won the Big 12 tournament.
The secret weapon for Kansas has been guard Remy Martin. For the third consecutive tournament game, Kansas got a jolt off the bench from the fiery Martin (23 points), the Arizona State transfer who has erupted in these NCAAs after playing a reserve role throughout 2021-22.
ACC > Big Ten
Despite garnering nine NCAA Tournament bids on Selection Sunday – the most of any conference – the Big Ten is out following Purdue’s stunning exit vs. Saint Peter’s. The league tanked in the first two rounds, with No. 5 Iowa – the conference tourney champ – getting upset by Richmond in the first round. No. 3 Wisconsin, No. 4 Illinois, No. 7 Michigan State and No. 7 Ohio State all lost in the second round. And now, with Michigan’s loss to Villanova, the overall underachievement is on full display. That’s a 9-9 finish in the tournament.
No Big Ten team has cut down the nets since 2000 (the Spartans), and it’s a depressing outlook for the league that posted the second-best NET score in 2021-22 and showcased several teams with Final Four potential.
The ACC, which finished with the sixth-worst NET score as a league, has Duke, North Carolina and Miami all in the Elite Eight. That’s after the Tar Heels, Hurricanes and Notre Dame were all bubble teams in early March. The NCAA Tournament is about matchups and pathways. No matter how well the Big Ten did in the regular season, much like the Pac-12’s surprising finish last year, the ACC is well-positioned with three teams still alive and two of them title contenders.
Follow college basketball reporter Scott Gleeson on Twitter @ScottMGleeson.
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