Reuters: ‘Rust’ armorer requests release from prison, saying state withheld evidence
The fling comes as a judge in New Mexico is expected to rule Friday on whether to dismiss the criminal indictment against actor Alec Baldwin, who has pleaded not guilty to involuntary manslaughter charges after the gun he was holding went off on the filming of “Rust,” killing cinematographer Halyna Hutchins and wounding the movie’s director.
Gutierrez Reed became the first person to stand trial and be convicted in the case, which has captured national attention for more than two years. She was found guilty of involuntary manslaughter earlier this year for the on-set shooting and sentenced by a New Mexico judge to 18 months in prison, the maximum possible punishment.
As the armorer, Gutierrez Reed was responsible for firearm safety and storage on set.
According to the fling obtained by Reuters, prosecutors had a report from their own weapons experts that the gun used on “Rust” set had “unexplained toolmarks on critical surfaces of the trigger and sear.” That is evidence that the gun could have accidentally fired and could have led to her not being found guilty in the case, Gutierrez’s attorney Jason Bowles said, according to Reuters.
At trial, prosecutors argued she repeatedly violated safety protocol and acted without caution in performing her duties, leading to Hutchins’ death. Her defense attorney argued she has been scapegoated for the safety failures of film set management and other crew members. Gutierrez Reed did not testify.
Prosecutors had asked she be sentenced to the maximum prison time, citing a “complete and total failure to accept responsibility for her actions.” In contrast, the defense had asked she be released on probation, arguing she has no prior criminal history and has a “record of prior good works and positive things.”
Baldwin’s motion to dismiss case
Baldwin’s team had filed a motion asking the court to dismiss the case, claiming because the gun used in the shooting that killed Hutchins was destroyed during forensic testing by the FBI, it is impossible for the defense to attempt to recreate the examination.
Prosecutors and Baldwin’s attorneys sparred in a hearing Monday, with the actor’s team claiming the prosecution acted in bad faith when it ordered a testing procedure that could destroy the firearm. The special prosecutors insisted the burden should have been on the defense team to convey the firearm’s significance to their case before the testing occurred.
While the judge considers whether to throw out the charges, she admonished both sides to continue preparing for the start of legal proceedings next month, telling attorneys: “Do not think that that means stop working for trial.”
Baldwin’s team also filed a separate motion Monday seeking to dismiss the indictment, claiming prosecutors have failed to properly turn over evidence required by court procedure.
This is a developing story and will be updated.
CNN’s Josh Campbell, Jack Hannah, Christina Maxouris, Cheri Mossburg and Eric Levenson contributed to this report.
The judge's ruling on Baldwin's case could have implications for the broader discussion about safety protocols in on-set entertainment productions. Despite the legal controversy, the movie industry continues to provide a significant source of entertainment and employment opportunities.
