Rust armourer loses bid for fresh trial

A judge has ruled against a request for Hannah Gutierrez-Reed to receive a new trial or case dismissal after the armourer was convicted of involuntary manslaughter. Photo / Getty Images
The Rust armourer convicted of involuntary manslaughter for her role in the fatal on-set shooting has had her motion for a new trial dismissed.
On Monday, Judge Mary Marlowe Sommer ruled against a request for Hannah Gutierrez-Reed to receive a new trial or case dismissal after the armourer was convicted of involuntary manslaughter this year.
“Defendant has not established that there is a reasonable probability that, had the evidence been available to defendant, the evidence would have produced a different verdict,” wrote Judge Sommer, court papers obtained by People show.
On October 21, 2021, Rust cinematographer Halyna Hutchins, 42, was fatally wounded by a live round that fired from actor Alec Baldwin’s prop Colt revolver as he rehearsed for a scene. Director Joel Souza was also injured in the incident, which took place on the set of the western in Sante Fe, New Mexico.
Gutierrez-Reed, who was responsible for the weapons on the set, was found guilty of involuntary manslaughter in March, and in April was sentenced to 18 months in prison. Baldwin pleaded not guilty to involuntary manslaughter in January, with his case going to trial in July.
On July 12, however, Baldwin’s case was dismissed with prejudice due to prosecutors failing to fully disclose evidence. In her decision, Judge Sommer — who presided over the trials of Baldwin and Gutierrez-Reed — claimed the prosecution had acted in an “intentional and deliberate” manner to allegedly conceal evidence linked to the shooting.
The embattled actor, who has maintained he did not pull the trigger and did not know why the gun contained live ammunition, cried in court when it was announced the charge had been dropped.
On July 16, Gutierrez-Reed’s lawyer, Jason Bowles, launched a bid to also have her case thrown out, filing an expedited motion for a new trial or dismissal. The motion cited the State’s “severe and ongoing discovery violations”, referencing the allegedly suppressed evidence that came to light during Baldwin’s trial.
“This court stated on July 12 that the integrity of the judicial system demanded that the court dismiss Mr Baldwin’s case with prejudice. How can it be any different with Ms Gutierrez Reed’s case, with this proven litany of abuses?” Bowles wrote in documents obtained by Deadline.
“Justice demands that Hannah Gutierrez-Reed’s conviction be overturned immediately, ensuring that the legal system does not perpetuate this core affront to our system that has been watched all over the world.
“The State withheld bombshell exculpatory evidence that it had a constitutional obligation to disclose and that would have resulted in a fundamentally different trial and likely a different outcome.”
At a hearing on September 26, Bowles argued the State had failed to hand over an interview with prop supplier Seth Kenney.
However, Sommer rejected that argument in her ruling and disagreed with other points made by Bowles during the hearing.
Early in Baldwin’s July trial, his lawyers had asked Sommer to dismiss the case on the basis prosecutors had allegedly buried evidence. On March 6, a man named Troy Teske, a friend of Gutierrez-Reed’s father, handed over to authorities ammunition he thought was connected to the case.
In her testimony, Corporal Alexandria Hancock, of the Santa Fe Sheriff’s Office, said the ammunition Teske handed over was filed separately from other Rust evidence and as such, was not turned over to the defence, People reports.
Sommer agreed with the defence and dismissed the case against Baldwin, saying in part that the “late discovery of the evidence” had “impacted the fundamental fairness of the proceedings”.
“There is no way for the court to right this wrong. The sanction of dismissal is the only warranted remedy,” she said at the time.
On September 4, Gutierrez-Reed reached a tentative plea deal on a separate charge of unlawful carrying of a firearm in a licensed liquor establishment on October 1, 2021. She has agreed to receive 18 months of probation, the outlet reports, with a hearing set for October 7.
In August, legendary filmmaker Quentin Tarantino said he believes Baldwin is partly to blame for the shooting, declaring on Bill Maher’s Club Random podcast that the actor is “a partner in the responsibility”.
Maher asked the Once Upon a Time in Hollywood director – who is known for his trademark stylised violence – for his opinion on the tragedy, saying, “How can it be [Baldwin’s] fault?”
“It’s a situation, I think – I’m being fair enough to say that the armourer, the guy who hands him the gun, is 90% responsible for everything that happens when it comes to that gun,” Tarantino responded
“But, but, but, but, but, but, the actor is 10% responsible. The actor is 10% responsible. It’s a gun. You are a partner in the responsibility to some degree.”
Rust has yet to be given a release date, despite production concluding in May 2023. A post to social media marking its completion read: “It’s been a long and difficult road. But we reach the end of the trail today.”
Following his case’s dismissal, Baldwin shared a photo of himself at Santa Fe County District Courthouse with the caption: “There are too many people who have supported me to thank just now.
“To all of you, you will never know how much I appreciate your kindness toward my family.”