DA says Alec Baldwin’s Rust settlement has ‘no impact’ on criminal probe: ‘No one is above the law’

‘While civil suits are settled privately and often involve financial awards, criminal cases deal only in facts,’ Santa Fe district attorney spokeswoman tells The Independent

Alec Baldwin’s settlement with the family of slain Rust cinematographer Halyna Hutchins will have “no impact” on an ongoing criminal investigation into her fatal shooting, the Santa Fe District Attorney says.

“While civil suits are settled privately and often involve financial awards, criminal cases deal only in facts,” district attorney spokesperson Heather Brewer said in a statement to The Independent.

“No one is above the law.” 

Baldwin and Rust ‘s production company announced on Wednesday they had settled a wrongful death suit with Hutchins’ estate that paves they way for filming on the ill-fated western to continue in January.

Her widower Matthew Hutchins, who will become an executive producer on the film, said in a statement released to Deadline that he had “no interest in engaging in recriminations or attribution of blame”.

“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,” he added.

Director Joel Souza, who was also injured in the shooting, said in a statement that he would also resume work on the film.

In an application for $635,000 in emergency funding last month, Santa Fe DA Mary Carmack-Altweis named the 64-year-old Baldwin as one of four “possible defendants” in the case.

Potential charges her office are looking at ranged from homicide to violations of state gun statutes. A decision on whether charges will be filed is expected to be made in the coming weeks.

Halyna Hutchins was fatally wounded on the set of Rust last October. Her widower Matthew will become an executive producer when filming resumes in January (Instagram)

Legal experts told The Independent that settling the wrongful death suit was a “shrewd” move by Baldwin’s lawyers.

“The less information out there helps limit his criminal exposure, and as far as his career goes, that may be the more important case,” Los Angeles-based attorney Miguel Custodio said.

Former federal prosecutor Neama Rahmani told The Independent that Matthew Hutchins could still be subpoenaed to testify in a criminal trial.

“But if he goes up there and says that he believes the shooting was an accident, it will be helpful for Baldwin.”

In a post to Instagram on Wednesday, Baldwin said he was pleased to resolve the “tragic and painful” situation.

“Throughout this difficult process, everyone has maintained the specific desire to do what is best for Halyna’s son,” Baldwin said.

Hutchins was shot as Baldwin prepared to film a gunfight inside a church on the Bonanza Creek Ranch film set just outside of Santa Fe (Associated Press)

Baldwin accidentally shot Hutchins while filming at an action scene for Rust on the Bonanza Creek Ranch film set in October last year.

According to affidavits from law enforcement, the 64-year-old actor was discussing a gunfight sequence with crew members when he unholstered a replica .45 Colt and raised it in the direction of a camera, where director Souza and Hutchins were standing.

A single bullet struck Souza in the shoulder before fatally wounding Hutchins in the chest.

In an interview with ABC News in December, Baldwin denied pulling the trigger, insisting that the gun was faulty.

However, a recently released FBI forensics analysis found the gun was in good working order and Baldwin had to have fired the weapon.

The film’s armourer Hannah Gutierrez-Reed and assistant director David Halls, who allegedly handled the weapon before Baldwin, have also been named in court filings associated with the case, as has prop supplier, Seth Kenney, who provided ammunition for the film.

In December, Santa Fe authorities obtained a search warrant for Baldwin’s iPhone in connection with the inquiry.