SANTA FE, N.M. (AP) —
A New Mexico judge instructed attorneys to maintain their current strategy in the charges against Hannah Gutierrez-Reed, the movie armorer involved in the shooting death of a cinematographer by Alec Baldwin. On Tuesday, defense lawyers’ request to dismiss the charges was denied.
Judge Mary Marlowe Sommer’s decision during the online proceedings means that lengthy evidentiary hearings will commence next week regarding the involuntary manslaughter and evidence-tampering charges. Gutierrez-Reed is the only remaining defendant in the case of the fatal shooting of cinematographer Halyna Hutchins during a rehearsal on October 21, 2021.
In April, charges against Baldwin, who accidentally fired the gun that killed Hutchins and injured director Joel Souza, were dropped. Consequently, Gutierrez-Reed became the sole defendant in the case. If convicted, she could face up to three years in prison.
Gutierrez-Reed’s attorney argued on Tuesday that the case had been compromised due to changes in the prosecution team, evidence mishandling, and statements made by prosecutors that could influence an impartial jury. However, Sommer rejected these arguments and supported the prosecutors’ request to proceed with a preliminary hearing to determine whether there is sufficient evidence to proceed to trial.
Prosecutors have stated that charges against Baldwin could potentially be refiled pending further investigation, including an independent examination by a firearms expert. This expert is currently analyzing the revolver used in the shooting, as well as other weapons and ammunition seized from the set.
The source of the live ammunition found in the .45-caliber revolver, which was manufactured by an Italian company specializing in reproductions of 19th-century firearms, has not yet been determined.
Baldwin has claimed that the gun accidentally fired when he followed instructions to point it towards Hutchins, who was behind the camera. He stated that he pulled back the hammer but did not pull the trigger. In April, prosecutors conducted additional weapons testing to investigate the possibility of intentional modifications to the gun’s hammer.
Special prosecutor Kari Morrissey stated on Tuesday that the firearms report was still pending but expected to be received by the end of the week. She emphasized that the causation issues related to Baldwin and the gun’s functionality do not pose problems for Gutierrez-Reed.
An FBI report from August revealed that the gun could discharge without trigger pull if force was applied to an uncocked hammer, such as by dropping the weapon. During testing, the gun could only be fired by striking it with a mallet while the hammer was down or by pulling the trigger when it was fully cocked. The gun eventually broke during testing.
Separately, prosecutors withdrew a motion to protect the identity of a witness in their pursuit of an evidence-tampering charge against Gutierrez-Reed. The witness is prepared to testify that Gutierrez-Reed handed her a small bag of narcotics after returning from a police station interview, despite concerns about potential harassment or blacklisting in the entertainment industry.
The defense attorney, Jason Bowles, has criticized the evidence-tampering charge as a vindictive attempt to assassinate Gutierrez-Reed’s character.
In March of this year, “Rust” safety coordinator and assistant director David Halls pleaded no contest to a charge of unsafe handling of a firearm and received a suspended sentence of six months’ probation. Halls has agreed to cooperate in the investigation and is listed as a potential witness in the upcoming evidentiary hearings to determine if the case will proceed to trial.
The filming of “Rust” resumed in April in Montana under an agreement with Matthew Hutchins, the widower of the cinematographer, who now serves as an executive producer.