Hannah Gutierrez Reed, the armorer for the film “Rust,” has requested her release from prison, citing “bombshell exculpatory evidence” that could have impacted her involuntary manslaughter trial. Her attorneys filed a motion on June 27, claiming that prosecutors concealed critical evidence that could have favored her defense.
This motion coincides with an imminent ruling by a New Mexico judge, expected on June 28, on whether to dismiss a manslaughter charge against actor Alec Baldwin related to the on-set shooting during the filming of “Rust.”
Ms. Gutierrez Reed’s attorney, Jason Bowles, argued that state prosecutors possessed a report from their weapons experts indicating that the gun used on the “Rust” set had “unexplained tool marks” on critical surfaces of the trigger and sear. This suggests the gun could have accidentally fired, potentially affecting the outcome of the case, the lawyer said.
In 2021, cinematographer Halyna Hutchins was fatally shot by a prop gun handled by Mr. Baldwin during the film’s production. Ms. Gutierrez Reed, who was responsible for firearm safety and storage on set, was found guilty of involuntary manslaughter earlier this year and sentenced to 18 months in prison, the maximum penalty.
Prosecutors contend that Ms. Gutierrez Reed repeatedly violated safety protocols and acted recklessly, leading to Ms. Hutchins’s death. However, the newly discovered evidence supports the defense’s claim of an accidental discharge, which Mr. Bowles believes could have led to a different verdict.
Mr. Bowles has requested Ms. Gutierrez Reed’s release pending a new trial, describing the withheld evidence as “bombshell exculpatory evidence.” He said the evidence “would have resulted in a fundamentally different trial and likely a different outcome” for Ms. Gutierrez Reed.
State prosecutors have not responded to after-hours calls for comment.
During Mr. Baldwin’s evidentiary hearings, a state’s weapons expert noted that, though he initially reported the tool marks might not have been caused during FBI testing, he later concluded they were.
In March, 27-year-old Gutierrez Reed was convicted of involuntary manslaughter for mistakenly loading a live round into the revolver used by Mr. Baldwin on the Santa Fe, New Mexico, set. This incident is believed to be the first modern instance of a film crew or cast member being killed by a live round accidentally loaded into a firearm.
Mr. Baldwin’s trial is set to begin on July 10, following his January indictment by a grand jury on an involuntary manslaughter charge. His legal team has also requested his case be dismissed, citing issues related to the destroyed firearm used in the shooting.
The request is based on the claim that the FBI destroyed the gun used in the “Rust” shooting during forensic testing, which Mr. Baldwin’s attorneys argue could have contained crucial exculpatory evidence.
The defense contends that the FBI conducted an accidental discharge test that might have damaged the gun after Mr. Baldwin stated in an interview that he did not pull the trigger. This testing involved striking the gun with a mallet, which resulted in the fracture of the gun’s firing and safety mechanisms. Mr. Baldwin’s lawyers have argued that this destruction of evidence is grounds for dismissal of the case.
Judge Mary Marlowe Sommer is expected to rule on the request to dismiss the case. If the trial proceeds, Mr. Baldwin’s attorneys have requested that the judge prohibit the presentation of an analysis of the gun using replacement parts by a firearms expert for the prosecution. The decision on this matter is anticipated to be issued soon, with jury selection for the trial scheduled to begin in July.
