Matthew Hutchins, the husband of cinematographer Halyna Hutchins, garnered tons of sympathy earlier this year when he laid bare his grief and anger over his wife being shot and killed by Alec Baldwin on the set of “Rust,” the low-budget Western he was filming in New Mexico.
But when it comes to stark financial questions over whether Baldwin and other “Rust” producers could be held liable for Hutchins’ death, Matthew Hutchins probably realized he needed to settle his lawsuit against them and work out a deal to allow Baldwin to finish the movie, legal experts told The Hollywood Reporter (THR). Otherwise, it’s unlikely that Hutchins and his son would see much compensation for their efforts to hold the “Rust” production team responsible for alleged gun-safety violations on the set.
Baldwin was both the star of “Rust” and one of the movie’s dozen producers, who all operated under the umbrella Rust Movie Productions, what THR called “a special-purpose entity.” Veteran entertainment attorney Bryan Sullivan, who regularly provides legal advice to independent productions, told THR that “the whole point” of creating entities such as Rust Movie Productions “is for liability purposes.”
On independent productions, these entities essentially allow producers to treat productions as though they are companies, THR reported. They provide management, accounting and tax advantages and, critically, they protect the producers legally. They limit producers’ liability “to the amount they invested in the movie,” THR added.
The only assets Rust Movie Productions probably has are the rights to the movie, the footage and any proceeds after it’s released, THR said. The only way the company can compensate victims is by finishing and distributing the movie.
“Rust doesn’t have a lot in the way of assets outside of the rights to the picture, and the only way that’s worth anything is for it to get done,” added entertainment attorney Nick Soltman.
The one-year anniversary of Hutchins’ death passed on Oct. 21, and Santa Fe, New Mexico authorities are still deciding whether to file criminal charges against Baldwin and anyone else involved in the production.
Baldwin marked Hutchins’ death with an Instagram post that many on social media considered “inappropriate,” the New York Post reported. “One year ago today…” the 64-year-old actor said in the caption for a photo of Hutchins behind a camera.
Some commenters said Baldwin’s post was “tone-deaf,” given that he was holding the gun that discharged on the set. For unknown reasons, the gun held a live round, which killed Hutchins. Baldwin has maintained that the shooting was a “tragic accident.” He also has controversially insisted that he did not pull the trigger and therefore bears no responsibility for Hutchins’ death. However, an FBI report released in August disputed Baldwin’s claim that the trigger wasn’t pulled.
Earlier this month, Matthew Hutchins and Rust Movie Productions announced they had reached a settlement, which would allow Baldwin to finish the movie. Notably, Matthew Hutchins was named executive producer of the film.
The settlement announcement was seen as a stunning “about-face” for Matthew Hutchins, THR said. After he filed the lawsuit in February, the widower said on NBC’s “Today” show that “there were a number of industry standards that were not practiced” on the set of the film. He also said there were “multiple responsible parties.” Of Baldwin, Hutchins said, “The idea that the person holding the gun and causing it to discharge is not responsible is absurd to me.”
EXCLUSIVE: @hodakotb sits down with Matt Hutchins, who’s speaking out for the first time since his wife, cinematographer Halyna Hutchins, was killed on the set of “Rust.” pic.twitter.com/mswQRlevxx
— TODAY (@TODAYshow) February 24, 2022
In discussing Baldwin’s December 2021 interview with ABC’s George Stephanopoulos about the shooting, Matthew Hutchins also said, “I was just so angry to see him talk about her death so publicly in such a detailed way and then to not accept any responsibility after having just described killing her.”
But on Oct. 5, Matthew Hutchins said in a statement: “I have 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.”
The idea of finishing “Rust” was met with mixed reactions in Hollywood and on social media. Some agreed that finishing “Rust” would be a fitting way to honor the work of a talented, up-and-coming director of photography whose life was cut short at the age of 42.
But others thought the idea of finishing the movie was macabre, given that its production is overshadowed with tragedy. People wondered if the “Rust” producers expected crew members to return to work after being traumatized by the shooting.
THR reported that it would have been difficult for Matthew Hutchins to go after Baldwin personally, saying it would be difficult to prove liability. Baldwin also insisted that he was told by assistant director Dave Halls that the gun was “cold,” meaning that it was safe to use.
“Baldwin wasn’t negligent,” Sullivan told THR. “Somebody else was responsible for making sure the gun was empty, but he’s the only one with money that I’m aware of who’s a defendant. It’d be hard to put all of the blame on him, though.”
THR said it’s not clear which of the “Rust” producers will remain attached to the production and how Matthew Hutchins’ executive-producer title will allow him to share in any of the proceeds from the film’s release.
Another factor influencing Hutchins’ decision to settle could be that Rust Movie Productions continues to face lawsuits from several others involved in the production. So far, “Rust” producers have argued in court that they simply financed the movie and were therefore not responsible for ensuring that industry-wide gun safety protocols were exercised on the set. They said that armorer Hannah Gutierrez-Reed was “singularly responsible for all tasks associated with the use of firearms and ammunition.”
But the New Mexico Environment Department’s Occupational Health and Safety Bureau disagreed that producers bore no responsibility, levying its maximum fine of $136,793 for safety violations that led to Hutchins’ death. The agency said Rust Movie Productions “demonstrated plain indifference” to employee safety.
