A New Mexico judge has denied a request by movie set armorer Hannah Gutierrez-Reed to challenge her conviction of involuntary manslaughter in the 2021 fatal shooting of cinematographer Halyna Hutchins on the set of the film “Rust” by Alec Baldwin. Gutierrez-Reed was convicted by a jury in early March and is scheduled to be sentenced in April. Baldwin, who was also involved in the shooting, has pleaded not guilty to an involuntary manslaughter charge and is set to go to trial in July. Defense attorneys for Gutierrez-Reed had requested a new trial and for their client to be released from custody, but the judge ruled against it, citing the death that the jury determined was caused by Gutierrez-Reed.
During a virtual hearing, defense attorneys for Gutierrez-Reed argued that the jury instructions in the case could confuse jurors and lead to a nonunanimous verdict. They claimed that jurors should have received separate instructions for each specific act that Gutierrez-Reed was accused of, but the judge rejected this argument. Gutierrez-Reed could face a sentence of up to 18 months in prison and a $5,000 fine for involuntary manslaughter. The defense team mentioned a new ruling from the New Mexico Supreme Court in an unrelated case that addressed situations when jurors have multiple specific acts to consider when deliberating a charge, but this did not sway the judge’s decision to keep Gutierrez-Reed in custody.
The fatal shooting on the set of “Rust” occurred during a rehearsal, where Baldwin was pointing a gun at Hutchins when it went off, killing her and wounding director Joel Souza. Baldwin has maintained that he did not pull the trigger but only pulled back the hammer of the gun. Testimony by an independent gun expert during Gutierrez-Reed’s trial cast doubt on Baldwin’s version of events, suggesting that the gun went off without him pulling the trigger. Prosecutors have blamed Gutierrez-Reed for bringing live ammunition onto the set where it was prohibited and failing to follow basic gun safety protocols. Assistant director and safety coordinator Dave Halls pleaded no contest to negligent handling of a firearm in connection with the shooting.
Gutierrez-Reed is currently being held at the Santa Fe County Adult Detention Facility and could be sentenced as soon as April 15 according to current scheduling orders. The judge, Mary Marlowe Sommer, maintained that Gutierrez-Reed would remain in custody pending her sentencing. The defense team argued that Gutierrez-Reed had no violations during the trial, takes care of her father, and has been in counseling. However, the judge emphasized the gravity of the outcome – the death of Hutchins – as determined by the jury, as a reason for keeping Gutierrez-Reed in custody. Baldwin, who is also facing charges in connection with the shooting, has pleaded not guilty and is set to go to trial in July.
