Judge Rules Against Dismissal of Case Against ‘Rust’ Armorer Hannah Gutierrez

A New Mexico judge has declined to dismiss the case against “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins, after previously dismissing the case against Alec Baldwin for evidence suppression.

Her attorneys argued in court filings that she was entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State.”

Judge Mary Marlowe Sommer denied the motion Monday following arguments during a virtual hearing Thursday. She also denied a separate motion from the defense seeking immediate release from detention.

In her ruling, Marlowe Sommer stated the issues raised by the defense did not justify a new trial or dismissal, and that in Gutierrez’s case the state did not suppress the ammunition evidence that was at the heart of Baldwin’s dismissal.

Marlowe Sommer dismissed Baldwin’s case with prejudice on day three of the actor’s July trial after his attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation into the deadly on-set shooting was “concealed” from them.

The judge said in court on July 12 while issuing her ruling that the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”

During Thursday’s hearing, defense attorney Jason Bowles said the “significance of the items that were suppressed were favorable and material” to Gutierrez.

Bowles told the judge that he became aware of the ammunition — which had been brought forward by his witness, Troy Teske, during Gutierrez’s trial — but directed Teske to bring it to the sheriff’s office because he “didn’t want to be in the chain of custody.”

“We weren’t told what happened” after that, Bowles said. “We weren’t able to utilize those rounds.”

He also argued the state suppressed additional evidence, including one of firearm expert Luke Haag’s reports on the revolver involved in the shooting, and an interview with Seth Kenney, the owner of the prop firearms supplier for “Rust.”

“This pattern of discovery abuse occurred in Miss [Gutierrez’s] case in the same manner that it occurred in Mr. Baldwin’s case,” Bowles said, saying they are “asking for dismissal on the same basis that this court dismissed Mr. Baldwin’s case.”

Special prosecutor Kari Morrissey argued Gutierrez and Bowles can’t rely on the dismissal of Baldwin’s case over the rounds because they were in the possession of his witness, Teske.

“She and her lawyer had them during trial and chose not to use them,” she said. “That is exactly what happened,”

“They don’t get to now come and say we made a strategic error, so give us a new trial,” she continued.

Morrissey argued the other evidence raised by Bowles was not material and said the state did not intentionally withhold evidence.

“Nothing was intentionally buried,” she said, adding that the case had a “terabyte of discovery” with new discovery “coming in constantly.”

A jury found Gutierrez guilty of involuntary manslaughter in the death of Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver fired a live round.

Prosecutors argued during the March trial that the armorer was the source of the live bullet that killed Hutchins and had failed to follow safety protocols meant to protect the crew while handling the firearms.

Gutierrez was sentenced in April to 18 months in prison, the maximum for the offense.

The defense had filed an appeal in May.

A judge has ruled against the dismissal of the case against Hannah Gutierrez, the armorer on the set of the film “Rust” where actor Alec Baldwin accidentally shot and killed cinematographer Halyna Hutchins. Gutierrez had filed a motion to dismiss the charges against her, arguing that she was not responsible for the tragic incident. However, the judge has denied her request, stating that there is enough evidence to proceed with the case.

The shooting on the set of “Rust” shocked the entertainment industry and raised questions about safety protocols on film sets. Gutierrez, who was responsible for handling and maintaining the firearms used in the film, has been under scrutiny for her role in the incident. The prosecution alleges that she failed to properly check and secure the gun that was ultimately used in the fatal shooting.

Gutierrez’s defense team has argued that she was not directly involved in the handling of the gun that Baldwin used and should not be held responsible for his actions. However, the judge has ruled that Gutierrez had a duty to ensure the safety of all crew members on set and that her negligence may have contributed to the tragic outcome.

The decision to proceed with the case against Gutierrez sends a strong message about accountability in the film industry. It highlights the importance of following proper safety protocols and ensuring that all crew members are properly trained and supervised when handling firearms on set.

The outcome of this case could have far-reaching implications for the future of film production and safety standards in Hollywood. It serves as a reminder that all individuals involved in the production of a film, including armorers, must take their responsibilities seriously and prioritize the safety of everyone on set.

As the legal proceedings continue, it is essential for the industry to reflect on what went wrong on the set of “Rust” and take steps to prevent similar tragedies from happening in the future. The ruling against Gutierrez serves as a wake-up call for the film industry to prioritize safety above all else and ensure that proper protocols are in place to prevent accidents like this from happening again.