Prosecutors have responded to Rust defendant Hannah Gutierrez-Reed’s attempt to have her involuntary manslaughter charge dropped in the 2021 shooting death of cinematographer Halyna Hutchins, saying the indie Western’s armorer “has a history of reckless conduct that has resulted in loss of human life and it is in the public interest that she finally be held accountable.”
They also said in the filing last week that a decision on whether to recharge star Alec Baldwin, who was holding the gun when it discharged, killing Hutchins and wounding director Joel Souza, could come by early August.
In the filing last week in response to Gutierrez-Reed’s motion for her criminal charge to be dismissed, New Mexico special prosecutors Kari Morrissey and Jason Lewis argued she was “not being selectively prosecuted, saying witnesses will testify that Gutierrez-Reed was “drinking heavily and smoking marijuana in the evenings during the shooting of Rust,” and that she was likely hung over on the morning of October 21, 2021, when an antique gun loaded with a live round and held by Baldwin discharged during a rehearsal.
“Ms. Gutierrez is being appropriately prosecuted because her primary function as an armorer on the Rust movie set was to ensure gun safety,” the prosecutors said in the filing (read it here). “Her reckless failure resulted in the senseless death of another human being.
“All Defendant Gutierrez needed to do was shake every bullet and make sure it rattled before putting it in the gun – she failed and killed someone. Moreover, Defendant Gutierrez has previously been sued civilly for providing the keys to her motorcycle to an intoxicated person who was predictably involved in a motor vehicle accident that resulted in someone’s death. Witnesses in the current case will testify that Defendant Gutierrez was drinking heavily and smoking marijuana in the evenings during the shooting of Rust. It is likely that Defendant Gutierrez was hung over when she inserted a live bullet into a gun that she knew was going to be used at some point by an actor while filming a shooting scene with other actors and crew members.
“The crime of involuntary manslaughter was designed specifically for this type of circumstance,” the filing continued. “Defendant Gutierrez has a history of reckless conduct that has resulted in loss of human life and it is in the public interest that she finally be held accountable.”
Jason Bowles, Gutierrez-Reed’s lawyer, responded to the claims Wednesday. “The prosecution has so mishandled this case and the case is so weak that they are now resorting to character assassination tactics to further taint the press and jury pool,” he said in a statement.
“This investigation and prosecution has not been about seeking Justice; for them it’s been about finding a convenient scapegoat,” Bowles added.
Baldwin and Gutierrez-Reed were both charged with second-degree involuntary manslaughter by the Santa Fe District Attorney after an investigation. Baldwin’s charge was dropped in late April amid new facts emerging in the case, including about the gun itself, and the special prosecutors wanted more time.
The charge against Gutierrez-Reed remained, however. Last month, she filed a motion to have the charge dismissed.
The special prosecutors in the case also wrote in the filing that they have not decided whether Baldwin will be recharged. “If it is determined that the gun did not malfunction, charges against Mr. Baldwin will proceed,” the response to the motion said. “The prosecution anticipates making a final charging decision with regard to Mr. Baldwin within the next sixty days.”
Rust first assistant director David Halls pleaded no contest in March to a unsafe handling of a firearm charge and has been cooperating with the investigation. A hearing in one of several civil suits involving Rust Movie Productions and Halls is scheduled for Thursday.
Patrick Hipes
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