Alec Baldwin has lost his bid to toss one of the lawsuits filed against him over his deadly shooting of “Rust” cinematographer Halyna Hutchins, as he awaits a decision on whether he’ll face criminal charges.
The 64-year-old actor sought to get dismissed from the suit filed by script supervisor Mamie Mitchell, who accuses Baldwin of “recklessly” firing the gun that killed Hutchins, 42, as she was standing next to her.
However, Los Angeles County Superior Court Judge Michael Whitaker ruled that Mitchell can press on with her claims of assault, intentional infliction of emotional distress and negligence against the actor.
Mitchell can also pursue punitive damages against Baldwin and his finance company, El Dorado Pictures, the Los Angeles Times noted.
In his ruling, Whitaker said that Mitchell’s amended complaint “alleges facts sufficient to establish despicable conduct carried out … with a willful and conscious disregard of the rights or safety of others.
“Accordingly, the court denies the motion to strike.”
Others named include David Halls, the assistant director who handed the gun to Baldwin, and Hannah Gutierrez Reed, the rookie armorer who was in charge of weapons on the set in Sante Fe, New Mexico.
Mitchell was standing close to Hutchins when the mom-of-one was accidentally shot dead by Baldwin. Director Joel Souza was also injured.
“We are very happy that we won, and that the court today permitted us, over the objection of Alec Baldwin, to proceed in our lawsuit against him on our theories of assault, intentional infliction of emotional distress and negligence,” Mitchell’s lawyer, Gloria Allred, told Sky News.
“Ms. Mitchell looks forward to her trial and obtaining justice,” she also told the L.A. Times.
Baldwin’s attorney, Luke Nikas, said that they “look forward to disproving” her explosive claims.
“The Court was required to assume at this stage that Mitchell’s allegations against Alec Baldwin were true — even though they are demonstrably false, made in bad faith, and contradict her own prior statements about what happened,” Nikas told the L.A. paper.
The lawsuit is one of just many filed against Baldwin and the low-budget western after the deadly on-set accident last October.
Last month, the production announced that filming would continue after a settlement was reached with Hutchins’ estate. Her widower, Matthew Hutchins, will be an executive producer.
However, prosecutors insisted the settlement will have “no impact” on their decision over pressing charges — one that is expected imminently.
Officials announced late last month that the investigation had been wrapped and was being reviewed for a “thoughtful, timely decision about whether to bring charges” against anyone involved.
Baldwin has said the gun went off accidentally and that he did not pull the trigger. But a recent FBI forensic report found the weapon could not have fired unless the trigger was pulled.
Santa Fe County Sheriff Adan Mendoza has described “a degree of neglect” on the film set for “Rust” but is leaving decisions about potential criminal charges to prosecutors.
