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The assistant director was told the gun was "cold."
Hutchins was transported to the hospital by helicopter and pronounced dead at the University of New Mexico Hospital. Souza survived his injuries.
In February, Hutchin's family filed a wrongful death lawsuit against producers, including Baldwin, and crew members for negligence citing reckless behavior on set, cost-cutting and misuse of firearms.
The original lawsuit claimed:
"Defendant Baldwin, the Producers, and the Rust Production Companies were aware of firearms safety issues that had occurred on the set of Rust and did not take action to correct the situation and ensure that basic gun safety rules were followed on October 21, 2021."
"Had defendant Baldwin, the Producers, and the Rust Production Companies had taken adequate precautions to ensure firearm safety on the set of Rust or if basic firearm safety rules had been followed on the set of Rust on October 21, 2021, Halyna Hutchins would be alive and well, hugging her husband and nine-year-old son."
On Wednesday, representatives from both sides of the suit announced a settlement had been reached.
Matthew Hutchins, widower of Halyna Hutchins, said in a statement:
"We have reached a settlement, subject to court approval, for our wrongful death case against the producers of Rust, including Alec Baldwin and Rust Movie Productions, LLC. As part of that settlement, our case will be dismissed."
"The filming of Rust, which I will now executive produce, will resume with all of 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. I am grateful that the producers and entertainment community have come together to pay tribute to Halyna's final work."
Rust Movie Productions, LLC also stated through its attorney:
"We are pleased the parties came together to resolve this matter, which, subject to court approval, marks an important step forward in celebrating Halyna's life and honoring her work."
Baldwin shared a post on Instagram on Wednesday with the caption:
"We are pleased to announce today the settlement of the civil cases filed on behalf of the family of cinematographer Halyna Hutchins."
"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."
Friends and fans commented, many happy to see that Hutchins' work and passion will be shared with the world.
@alecbaldwininsta/Instagram
@alecbaldwininsta/Instagram
@alecbaldwininsta/Instagram
@alecbaldwininsta/Instagram
@alecbaldwininsta/Instagram
@alecbaldwininsta/Instagram
@alecbaldwininsta/Instagram
Director of the film Joel Souza shared:
"Those of us who were lucky enough to have spent time with Halyna knew her to be exceedingly talented, kind, creative, and a source of incredible positive energy."
"I only wish the world had gotten to know her under different circumstances, as it surely would have through her amazing work."
"In my own attempts to heal, any decision to return to finish directing the film could only make sense for me if it was done with the involvement of Matt and the Hutchins family."
"Though certainly bittersweet, I am pleased that together, we will now complete what Halyna and I started."
"My every effort on this film will be devoted to honoring Halyna's legacy and making her proud. It is a privilege to see this through on her behalf."
It has been nearly a year since the tragic incident occurred. The Santa Fe Sheriff's Office has yet to charge anyone.