In a recent ruling, a New Mexico judge decreed that Hannah Gutierrez, who was responsible for handling firearms during the production of the tragic movie “Rust,” must continue to serve her prison sentence for her involvement in a deadly shooting on set.
On Monday, the request to release Gutierrez from prison or schedule a new trial in light of supposed errors by the special prosecutor was denied by Judge Mary Marlowe Sommer of the New Mexico 1st Judicial District.
Jason Bowles, the attorney representing Gutierrez, stated his intention to challenge the decision.
Gutierrez has been incarcerated for close to seven months, serving her 18-month sentence for involuntary manslaughter following the unintentional shooting of Halyna Hutchins in 2021.
She confessed to loading the prop gun used by actor Alec Baldwin. A Santa Fe County jury, comprised of 12 members, found Gutierrez guilty of the felony after a two-week trial that explored the issues of safety on set and the lasting trauma experienced by those present during the shooting.
Special prosecutor Kari T. Morrissey argued that Gutierrez brought live rounds of ammunition from her home in Arizona to the set, a claim that Gutierrez refuted. Baldwin was aiming the gun at Hutchins in preparation for a scene when the gun discharged. The resulting wound led to Hutchins’ death; Joel Souza, the director of the film, was also injured but survived.
Following the failure of New Mexico’s prosecution of Baldwin during the summer due to allegations of misconduct by Morrissey and Santa Fe County sheriff’s deputies, the judge revisited Gutierrez’s conviction.
Marlowe Sommer dropped the charges against Baldwin, who was accused of involuntary manslaughter, after a tense hearing that lasted all day in July. The judge expressed her anger at Morrissey and other county officials when she found out that evidence potentially beneficial to Baldwin’s defense had been withheld from his legal team.
The contentious evidence included a bag of ammunition, some of which corresponded to the bullet that caused the fatal shooting. Morrissey contended that this ammunition was not pertinent to Baldwin’s case.
After Baldwin was acquitted, Bowles argued that his client was eligible for a new trial or dismissal of her case due to such “prosecutorial misconduct.”
Last week, Bowles presented his arguments to the judge, claiming that additional evidence — such as a secondary report from the state’s ballistics expert and an interview with the supplier of the weapons and ammunition — were not given to the defense team during preparation for Gutierrez’s trial. Bowles contended that this failure to disclose vital material infringed upon Gutierrez’s rights.
However, the judge remained unconvinced.
“The defendant has been found guilty of a felony involving a firearm which led to the death of Ms. Halyna Hutchins,” Marlowe Sommer wrote in the order on Monday. She added that Gutierrez’s reckless actions “allowed a fatal gunshot to take place.”
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My name is Alex Carter, a journalist with a deep passion for independent cinema, alternative music, and contemporary art. A University of California, Berkeley journalism graduate, I’ve honed my expertise through film reviews, artist profiles, and features on emerging cultural trends. My goal is to uncover unique stories, shine a light on underrepresented talents, and explore the impact of art on our society. Follow me on SuperBoxOffice.com for insightful analysis and captivating discoveries from the entertainment world.