In a recent development, a New Mexico judge has decreed that Hannah Gutierrez, the armorer on the ill-starred film "Rust," must continue her incarceration due to her involvement in the tragic shooting of the movie's cinematographer.
As reported by American Military News, the ruling came from New Mexico First Judicial District Court Judge Mary Marlowe Sommer, who rejected a plea to release Gutierrez or arrange a fresh trial to reassess the evidence in light of purported errors by a special prosecutor.
Gutierrez's legal representative, Jason Bowles, expressed his intention to contest the ruling. Gutierrez, who has been behind bars for almost seven months, is serving an 18-month sentence for involuntary manslaughter following the accidental shooting of Halyna Hutchins in 2021. "Gutierrez has acknowledged loading Baldwins prop gun," Bowles stated. In a trial that lasted two weeks and scrutinized on-set safety measures and the enduring trauma of the shooting's witnesses, a Santa Fe County jury of 12 members found Gutierrez guilty of the felony charge in March.
Special prosecutor Kari T. Morrissey contended that Gutierrez had brought live ammunition from her Arizona residence to the set, a claim Gutierrez refuted. The fatal incident occurred when Baldwin, while preparing for a scene, pointed the weapon at Hutchins, causing it to discharge. Hutchins succumbed to her injury, while the film's director, Joel Souza, who was also shot, survived.
The judge revisited Gutierrez's conviction after the prosecution of Baldwin in New Mexico fell apart last summer due to accusations of misconduct by Morrissey and Santa Fe County sheriff's deputies. Marlowe Sommer dismissed the case against Baldwin, who was also facing an involuntary manslaughter charge, following a tense, day-long hearing in July. The judge expressed outrage at Morrissey and other county officials upon discovering that evidence potentially beneficial to Baldwin's defense had been withheld from his legal team.
The contentious evidence included a bag of ammunition, some of which matched the fatal bullet used in the "Rust" shooting. Morrissey maintained that the ammunition was irrelevant to Baldwin's case. Following Baldwin's acquittal, Bowles argued that his client deserved a new trial or a dismissal of her case due to such "prosecutorial misconduct."
Bowles presented his argument to the judge last week, stating that additional evidence, including a supplementary report from the state's ballistics expert and an interview with the weapons and ammunition supplier, were not provided to the defense team during Gutierrez's trial preparation. Bowles contended that this failure to disclose crucial materials violated Gutierrez's rights.
However, the judge remained unconvinced. "Defendant has been convicted of a felony involving a firearm and resulting in the death of Ms. Halyna Hutchins," Marlowe Sommer noted in Monday's order, emphasizing that Gutierrez's reckless behavior "allowed a fatal gunshot to occur."
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