The production company behind the film Rust has agreed to pay a fine of $100,000 to the New Mexico Environment Department’s Occupational Health and Safety Bureau (OHSB) following the fatal shooting of cinematographer Halyna Hutchins.
The production company was issued a fine of $136,793 by the bureau last April. The amount was the maximum allowable by state law in New Mexico.
Under the settlement, which is pending approval, the bureau downgraded its claim from “wilful-serious” to a “serious” violation.
Melina Spadone, senior counsel at Pillsbury Winthrop Shaw Pittman and lawyer for Rust Movie Productions, said: “We are pleased to have entered into an agreement with OHSB, subject to approval, which downgrades the citation and reduces penalties.
“Our top priority has always been resuming production and completing this film so we can honour the life and work of Halyna Hutchins.
“Settling this case rather than litigating is how we can best move forward to achieve that goal.”
It comes a day after actor Alec Baldwin pleaded not guilty to two charges of involuntary manslaughter over the death of the cinematographer.
The 64-year-old entered his plea on Thursday and will next face a preliminary hearing at a date yet to be set. The hearing will determine whether or not the case will go to trial.
The actor was charged over the fatal shooting of Halyna Hutchins in October 2021 by the Santa Fe District Attorney’s office last month.
Mother-of-one Hutchins was killed on the set of Rust in October 2021 when Baldwin discharged a prop gun, which also injured the film's director Joel Souza.
Halyna, 42, was airlifted to hospital from the New Mexico set, but died of her injuries.
The first of the two charges brought against Baldwin can be referred to as involuntary manslaughter and requires proof of underlying negligence.
The second charge is involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved in a death.
The District Attorney recently dropped a firearm enhancement to the charge, which would have made the crime punishable by a mandatory five years in jail.
Baldwin’s lawyers had argued that the enhancement was “unlawful” and accused the DA of “extraordinary” media briefings against him.
The actor’s legal team said that after the “legally erroneous” enhancement had been rescinded, their own motion to have the charge dropped was now “moot”.
Filming of Rust will resume later this spring, according to producers.
The movie’s producers made the announcement that filming would resume in Montana.
A number of original crew members will return to the project alongside director Joel Souza, with Bianca Cline reported to be joining in Ms Hutchins’ place as cinematographer.
Alec Baldwin will remain in his starring role and as producer.
