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LOS ANGELES (CNS) - A judge Friday denied a motion by Alec Baldwin's attorneys for a stay of a lawsuit brought against the actor and crew members of the film "Rust" by the chief lighting technician for the movie while also quashing service of the suit on two crew members.
Baldwin's attorneys stated in their court papers filed with Los Angeles Superior Court Judge Maurice A. Leiter that their client wanted to make sure no further criminal allegations are brought against him before plaintiff Serge Svetnoy's the civil case moves forward.
Baldwin and the film's armorer, Hannah Gutierrez-Reed, were previously charged with two alternate counts of involuntary manslaughter in the Oct. 21, 2021, shooting of cinematographer Halyna Hutchins with a bullet fired by the actor/producer from a prop weapon.
Charges were later dropped against Baldwin, but "without prejudice," meaning they can be refiled later. Prosecutors have said the investigation is active and ongoing.
But Leiter said Baldwin's attorneys have not shown that a stay is "advisable or appropriate" at this time.
"There are no pending criminal charges against Baldwin," the judge wrote. "Defendants do not offer any information about the status of the investigation or any time estimate for when the investigation may be closed. Nor do they provide the statute of limitations for possible future charges."
Leiter's ruling was "without prejudice," meaning the motion can be brought again later if circumstances change.
In their court papers, Baldwin's lawyers maintained that if Svetnoy's case is allowed to proceed, the actor "will be forced to choose between providing testimony in his own defense that may be incriminatory and losing the case by asserting his constitutional rights and remaining silent."
Svetnoy claimed in his original suit filed in November 2021 that the fatal shooting on the film's set "was caused by the negligent acts and omissions" of the multiple defendants in his suit. In an amended complaint brought April 26, Svetnoy added causes of action for assault and intentional infliction of emotional distress against the 65-year-old Baldwin only.
Svetnoy alleges Baldwin "willfully disregarded the laws of New Mexico when he acted as alleged herein with the loaded Colt revolver" and says he felt the bullet whiz by him and that gunpowder and other residual materials struck the right side of his face.
As a result of Baldwin's "pointing and subsequently discharging the gun towards him, (Svetnoy) has suffered compensable damages including ... physical injury and extreme and severe emotional distress," according to the amended suit, which further states that the actor's actions were taken with "utter disregard" for the plaintiff's safety.
Svetnoy was among the first "Rust" crew members to publicly speak out about the shooting that killed the 42-year-old Hutchins while Baldwin was helping to prepare camera angles on the film's set near Santa Fe, New Mexico. The weapon, which was supposed to contain only blank rounds, discharged a lead bullet that struck Hutchins in the chest then lodged in the shoulder of director Joel Souza, now 50.
Svetnoy wrote on social media days later that he witnessed the shooting and comforted the bleeding Hutchins until paramedics arrived. He immediately deemed the shooting an act of negligence, saying Gutierrez Reed and assistant director David Halls both failed to check the weapon before declaring it safe and passing it to Baldwin.
In separate motions, Leiter quashed service of summons and the Svetnoy complaint on both Gutierrez-Reed and "Rust" prop master Sarah Zachry after finding that a California court could not assert jurisdiction over either. Zachry lives in New Mexico and Gutierrez-Reed in Arizona.