Judge considering motion to dismiss ‘Rust’ armorer Hannah Gutierrez Reed’s case

A New Mexico judge is currently evaluating a motion to dismiss charges against Hannah Gutierrez Reed, the armorer for the film “Rust.” Gutierrez Reed was convicted of involuntary manslaughter in connection with the tragic 2021 death of cinematographer Halyna Hutchins, who was killed on set due to a live round fired from a prop gun.

During a hearing held on Thursday, Gutierrez Reed’s legal team presented a motion from July requesting either a new trial or a dismissal of the case. They cited what they described as “egregious prosecutorial misconduct” and numerous allegations of “severe and ongoing discovery violations” by the state.

In addition to seeking a dismissal, Gutierrez Reed’s attorneys urged the court to grant her release from prison and to remove Kari Morrissey, the special prosecutor, from the case, citing misconduct related to Gutierrez Reed’s prosecution.

Prosecutors countered by asking the judge to deny the request for immediate release, labeling it “premature.” The judge indicated she would rule on the motion to dismiss next week and would also consider the request for Gutierrez Reed’s release.

This hearing unfolds nearly three years after the fatal incident on October 21, 2021, when Halyna Hutchins, 42, was shot and killed while filming the western “Rust.” The film’s director was also injured in the incident. The death marked a significant moment in Hollywood, drawing parallels to the 1993 death of actor Brandon Lee on the set of “The Crow.” It prompted widespread scrutiny over how live ammunition ended up on set and whether actor Alec Baldwin, who fired the gun, adhered to firearm safety protocols.

As the armorer, Gutierrez Reed was responsible for the firearms on set and was convicted of involuntary manslaughter in March. She is currently serving an 18-month sentence, having been found negligent in her duties and accused of allowing six live rounds onto the set.

During her trial, prosecutors maintained that Gutierrez Reed failed to uphold safety protocols, contributing to the tragic accident. In contrast, her defense attorney argued that she was being scapegoated for broader safety failures involving the film’s management and crew.

Alec Baldwin also faced involuntary manslaughter charges but has pleaded not guilty. In his trial in July, prosecutors claimed he violated essential firearm safety rules by aiming the prop gun at Hutchins and pulling the trigger. Baldwin’s defense contended that the armorer and the first assistant director bore responsibility for the presence of a live bullet in the gun. However, shortly after the trial commenced, Judge Mary Marlowe Sommer dismissed the charges against Baldwin, ruling that prosecutors had failed to properly disclose evidence to the defense. She characterized the withholding of evidence as “intentional and deliberate,” which led to the case being dismissed with prejudice, preventing it from being refiled.

Baldwin’s legal team argued that state investigators did not inform the defense about a man who had handed over a box of ammunition allegedly connected to the case. This oversight disrupted the trial, resulting in an unusual situation where the special prosecutor was compelled to testify under oath, facing tough questions from Baldwin’s defense attorney, Alex Spiro.

In a separate development, David Halls, the assistant director on the film, accepted a plea deal earlier this year. He pleaded no contest to a charge of negligent use of a deadly weapon and received a sentence of six months of unsupervised probation.

As the legal proceedings continue for both Gutierrez Reed and Baldwin, the fallout from the “Rust” tragedy raises ongoing concerns about safety practices on film sets and the responsibilities of those in charge of handling weapons. The outcome of Gutierrez Reed’s motion to dismiss could have significant implications for her future and the broader conversation around accountability in the entertainment industry.