Hannah Gutierrez, the armorer for the film “Rust” in which actor Alec Baldwin fatally shot a cinematographer, has chosen to waive her right to a preliminary hearing. This decision paves the way for charges against her, including involuntary manslaughter and evidence tampering, to potentially go to trial. Gutierrez’s lawyer, Jason Bowles, explained that the standard for a preliminary hearing is low compared to what prosecutors need to prove at trial. They plan to challenge the state’s case using other legal procedures available in New Mexico.
The tragic incident occurred during a rehearsal when Alec Baldwin discharged a live round, killing cinematographer Halyna Hutchins and injuring director Joel Souza. Gutierrez, a 25-year-old who was serving as the chief weapons handler on her second film, claimed she mistakenly loaded the handgun with a live round, thinking it was a dummy round. It’s important to note that live rounds are strictly prohibited on movie sets.
In January, Gutierrez rejected a plea deal for felony manslaughter without jail time, stating that she was not given the same offer as the first assistant director, Dave Halls, who accepted a misdemeanor charge without prison time. The prosecutors involved declined to comment on plea bargaining. Prosecutors have since dismissed charges against Baldwin based on new evidence suggesting that the revolver he used may have been improperly modified and capable of firing without pulling the trigger. However, new charges against Baldwin may be filed if a further test on the revolver reveals no malfunction.
As of now, Gutierrez is the only person facing charges in relation to the shooting. The crux of her prosecution lies in determining where the live bullets came from, who brought them to the set, and whether Gutierrez was aware of their presence. Prosecutors have suggested that Gutierrez may have introduced the live rounds but have yet to present evidence supporting this claim. To secure a conviction for involuntary manslaughter, they must demonstrate that Gutierrez showed willful disregard for firearm safety. Additionally, Gutierrez has been accused of evidence tampering for allegedly handing off cocaine to someone to avoid detection by the police after the shooting. Bowles has argued that this accusation lacks substantiation or evidence.
Overall, the case against Gutierrez is proceeding, and a trial is expected in the future. The investigation will continue to focus on determining the source of the live ammunition and evaluating Gutierrez’s understanding of its presence.
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