Rust Shooting: Serge Svetnoy Granted Jury Trial

A judge in Los Angeles ruled on Friday that a civil lawsuit accusing Alec Baldwin of acting negligently in the deadly 2021 shooting on the set of his western film Rust can proceed to trial, allowing claims brought by gaffer Serge Svetnoy to move forward.

Superior Court Judge Maurice Leiter issued a summary judgment permitting Svetnoy’s claims for negligence and intentional infliction of emotional distress to advance, stating that “a reasonable jury could find that Mr. Baldwin recklessly disregarded the probability that pointing a gun in the direction of someone, with his finger on the trigger, would cause emotional distress.” The judge also allowed Svetnoy’s claim for punitive damages to proceed.

The lawsuit stems from the October 21, 2021 incident on the set of Rust at Bonanza Creek Ranch in Bonanza City, New Mexico, where cinematographer Halyna Hutchins was fatally shot and director Joel Souza was injured when a prop revolver discharged a live round. Svetnoy, who was working as a gaffer on the production, alleged that he suffered emotional distress from the event and that the bullet that killed Hutchins narrowly missed him.

Judge Leiter dismissed Svetnoy’s assault claim, finding no evidence that Baldwin intended to cause harm to him or anyone else. However, the judge emphasized that while others on set bore responsibility for firearm safety, that did not relieve Baldwin of his duty of care to Svetnoy as someone present on the set.

The civil case comes after Baldwin’s criminal trial for involuntary manslaughter concluded in July 2024 with the charges dismissed with prejudice by the judge, who ruled that prosecutors had withheld evidence. Despite that outcome, multiple civil lawsuits related to the Rust shooting remain active, including claims filed by other crew members and Hutchins’ husband, which were previously settled without admission of wrongdoing.

Baldwin has maintained that he was told the prop gun was “cold” — meaning it contained no live ammunition — and that he did not pull the trigger. The armorer on the film, Hannah Gutierrez-Reed, was convicted of involuntary manslaughter in March 2024 and sentenced to 18 months in prison, while first assistant director David Halls pleaded no contest to negligent use of a deadly weapon and received six months of probation.

The trial in Svetnoy’s civil case is set to begin in October 2026, according to the ruling. No further details about potential witnesses or evidence were disclosed in the court’s decision.