'Rust' star Alec Baldwin could still face criminal charges over the fatal shooting on the Western film set
Why did prosecutors drop charges against Alec Baldwin?
Attorney Mercedes Colwin tells ‘The Story with Martha MacCallum’ that the prosecution should examine the gun that went off when Alec Baldwin allegedly shot a ‘Rust’ crew member to death.
Alec Baldwin was shut down in court today, as a judge denied a motion to dismiss the civil lawsuit brought against Baldwin and "Rust" production companies by three "Rust" crew members.
The judge also denied a motion to stay civil action pending resolution of criminal proceedings, but Judge Bryan Biedscheid explained this could be re-examined as the case continues.
Baldwin's legal team argued that the special prosecution in the criminal case connected to the fatal shooting is actively considering filing new charges against the actor – leaving him in possible criminal jeopardy.
Despite Biedscheid noting the concern regarding Baldwin's Fifth Amendment rights, he still denied the motion and explained that the actor's legal team could possibly file protective orders in the future or assert the "30 Rock" actor's Fifth Amendment right.
ALEC BALDWIN HIT WITH ‘RUST’ LAWSUIT BY THREE CREW MEMBERS WHO SUFFERED ‘BLAST INJURIES’
A judge denied a motion to dismiss a lawsuit filed against Alec Baldwin by three "Rust" crew members. (Jim Spellman/Getty Images)
Baldwin's lawyer, Robert Schwartz, claimed the ruling was a "real injustice" and "unnecessary." He emphasized that the plaintiffs waited 16 months after the shooting but now want to move the civil case along to discovery while Baldwin may face criminal charges.
Ross Addiego, Doran Curtin and Reese Price sued Baldwin, Rust Movie Productions, LLC and El Dorado Pictures for compensatory and punitive damages following injuries they claim they suffered on set, "including, but not limited to, hearing loss, temporary deafness, and vibrational shock," according to the original complaint.
The trio accused Baldwin and the production company of negligent and reckless behavior on set that led to the fatal shooting of cinematographer Halyna Hutchins on Oct. 21, 2021.
Hutchins was shot and killed when a gun Baldwin was holding fired. The pair had been practicing a cross-draw scene when the gun went off.
Alec Baldwin was sued by three crew members over injuries they claim they suffered during the fatal shooting on the set of "Rust." (John Lamparski/Getty Images)
Addiego, Curtin and Price claimed the "gun-heavy" Western flick was allowed only "21 days to film" and had "safety complaints" throughout production. They alleged assistant director David Halls "cut corners" with safety and skipped critical set moves. He also failed to "properly distribute" safety bulletins about how cast and crew should handle weaponry.
The three crew members recalled Baldwin accepting the gun on set the day of the fatal shooting. "No one examined the revolver before Halls handed it to Defendant Baldwin," documents stated.
"He did not request that anyone verify or demonstrate the revolver’s safety before this exchange. And he did not ask to see whether ammunition was present inside the revolver’s chamber – despite his knowledge of the observable differences between a live and dummy round, and a loaded and unloaded chamber. Instead, Defendant Baldwin accepted the revolver without any verification that it was a 'cold gun.'"
Alec Baldwin's involuntary manslaughter charges in connection to the fatal shooting of Halyna Hutchins were dropped in April. (Santa Fe County Sheriff's Department)
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Baldwin also faces a handful of other civil lawsuits, including one from Hutchins' family. The cinematographer's mother, sister and father filed a lawsuit alleging battery, loss of consortium, infliction of emotional distress and more in February.
WATCH: HALYNA HUTCHINS' FAMILY SUES ALEC BALDWIN
Baldwin was originally charged with involuntary manslaughter in connection to the fatal shooting of Hutchins on Oct. 21, 2021. Special prosecutors dropped the charges against the "30 Rock" actor in April.
Special prosecutor Kari Morrissey told Fox News Digital new charges against Baldwin are now being "considered," but a "final decision" has yet to be made after new evidence surfaced in the case.
Fox News Digital's Tracy Wright contributed to this report.
