Alec Baldwin could still face 'Rust' criminal charges despite settlement, DA says: 'No one is above the law'

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Fox News Flash top entertainment headlines October 5

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Alec Baldwin, along with "Rust" producers, reached a settlement in the wrongful death lawsuit filed by the family of cinematographer Halyna Hutchins, but the New Mexico district attorney's office announced Wednesday that the proposed agreement will have "no impact" on their investigation and filing possible criminal charges in the case.

"The proposed settlement announced today in Matthew Hutchins’ wrongful death case against ‘Rust’ movie producers, including Alec Baldwin, in the death of Halyna Hutchins will have no impact on District Attorney Mary Carmack-Altweis’ ongoing investigation or her ultimate decision whether to file criminal charges in the case," Heather Brewer, spokesperson, Office of the First Judicial District Attorney, State of New Mexico, told Fox News Digital. 

"While civil suits are settled privately and often involve financial awards, criminal cases deal only in facts. If the facts and evidence warrant criminal charges under New Mexico law then charges will be brought. No one is above the law."

Hutchins was killed on the New Mexico set of the Western film "Rust" and director Joel Souza was wounded by a bullet when live ammunition was accidentally loaded into a weapon fired by Baldwin while rehearsing a scene in a church. The actor has since denied he pulled the trigger of the gun that killed Hutchins.

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Alec Baldwin could still face criminal charges in the "Rust" shooting case as Santa Fe County District Attorney Mary Carmack-Altweis continues investigating the fatal incident from Oct. 21, 2021. (Getty Images)

Brewer noted there was "no set timeline for the DA to make a decision on whether to file charges" as Carmack-Altweis was awaiting the final report from the Santa Fe County Sheriff.

"Once she receives the report, the district attorney and her team of professional attorneys and investigators will carefully review all of the materials provided," Brewer exclusively told Fox News Digital. "The district attorney's priority will be upholding the integrity of the process and ensuring that, like any other case she handles, this investigation is held to the highest standards." 

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Hutchins' husband, Matthew, said in a statement to Fox News Digital through his attorney Brian Panish of Panish | Shea | Boyle | Ravipudi LLP, that the case against the "Rust" producers, including Baldwin and Rust Movie Productions, LLC, will be dismissed.

Halyna Hutchins was a rising star in the cinematography world. She was killed while working on the "Rust" movie set in October 2021. (Fred Hayes)

"The filming of ‘Rust,’ which I will now executive produce, will resume with all the original principal players on board in January 2023. I have no interest in engaging in recriminations or attribution of blame (to the producers or Mr. Baldwin). All of us believe Halyna’s death was a terrible accident," he said. "I am grateful that the producers and the entertainment community have come together to pay tribute to Halyna’s final work."

Additionally, Baldwin released a statement regarding the resolution of the lawsuit on social media.

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"We are pleased to announce today the settlement of the civil case filed on behalf of the family of cinematographer Halyna Hutchins," Baldwin captioned a screenshot of an article. "Throughout this difficult process, everyone has maintained the specific desire to do what is best for Halyna’s son. We are grateful to everyone who contributed to the resolution of this tragic and painful situation."

Alec Baldwin makes a gun motion with his fingers while speaking with investigators following the "Rust" movie shooting that left cinematographer Halyna Hutchins dead in October 2021. (Santa Fe County Sheriff’s Office)

The wrongful death lawsuit, previously obtained by Fox News Digital, was filed by the estate of Hutchins on Feb. 15.

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The lawsuit named Baldwin and others who "are responsible for the safety on the set" and called out "reckless behavior and cost-cutting" that led to the death of Hutchins, according to Hutchins' lawyer.

Armorer Hannah Gutierrez Reed, assistant director David Halls, production companies and producers were also named in the lawsuit.

Alec Baldwin shown on the "Rust" movie set in this crime scene photo. (Santa Fe County Sheriff’s Office)

The shooting was ruled an accident by New Mexico's Office of the Medical Investigator after the completion of cinematographer Hutchins' autopsy and review of law enforcement reports from the fatal incident on Oct. 21.

The medical investigator's report was made public by the Santa Fe County Sheriff's Office, in addition to FBI records collected from the weapon and ammunition used on the set.

Carmack-Altwies specifically named Baldwin in her request for emergency funding to prosecute the case recently. The DA further claimed she anticipates prosecuting up to four people who were on the set at Bonanza Creek Ranch.

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Fox News Digital's Lauryn Overhultz contributed to this report.