A New Mexico judge, Mary Marlowe Sommer, has denied a request from defense counsel to dismiss charges against movie weapons supervisor Hannah Gutierrez-Reed in the 2021 shooting death of cinematographer Halyna Hutchins on the set of the film “Rust,” during which actor Alec Baldwin accidentally discharged a gun. The ruling sets the stage for upcoming evidentiary hearings on charges of involuntary manslaughter and evidence tampering.
Earlier this year, charges against Alec Baldwin were dropped, leaving Gutierrez-Reed as the sole remaining defendant. If convicted, she could face up to three years in prison.
Despite arguments from Gutierrez-Reed’s attorney that the case had been compromised due to changes in the prosecution team, sloppy handling of evidence, and public statements by prosecutors, Judge Sommer sided with the prosecution and urged the court to proceed with a preliminary hearing to determine if there is enough evidence to proceed to trial.
Prosecutors have indicated that charges against Baldwin could still be refiled pending further investigation, including an examination by a firearms expert. Authorities are investigating how live ammunition ended up in the revolver used during the incident.
Baldwin has claimed that the gun fired accidentally when he followed instructions to point it towards Hutchins. Prosecutors commissioned additional weapons testing to investigate whether the gun’s hammer had been intentionally modified.
In addition, prosecutors withdrew a motion to shield the name of a witness who allegedly received a bag of narcotics from Gutierrez-Reed. The witness has agreed not to pursue a protective order.
The filming of “Rust” resumed in April under an agreement with Halyna Hutchins’ widower, Matthew Hutchins, who is now an executive producer on the project.
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