A New Mexico judge has made a significant decision in the criminal case against Hannah Gutierrez-Reed, the armorer on the set of the movie “Rust” where Alec Baldwin discharged a gun during a rehearsal, killing cinematographer Halyna Hutchins. Judge Mary Sommer rejected Gutierrez-Reed’s attempt to have the case dismissed, asserting that the prosecution’s actions did not warrant the dismissal and that Gutierrez-Reed could still receive a fair trial. The ruling means that Gutierrez-Reed will face a weeklong hearing starting on August 9 to determine if there is enough evidence for the case to proceed to trial.
The preliminary examination comes almost two years after the fatal shooting and follows a series of setbacks for the prosecution. Charges against Baldwin and Gutierrez-Reed were initially downgraded, and then special prosecutor Andrea Reeb withdrew from the case due to a conflict of interest. In April, charges against Baldwin were dropped altogether, and Kari Morrissey and Jason Lewis were appointed to replace Reeb.
Gutierrez-Reed is currently facing charges of involuntary manslaughter and tampering with evidence. The latter charge, filed in June, alleges that she transferred narcotics to another person to prevent her own apprehension, prosecution, or conviction. The prosecution argues that Gutierrez-Reed acted recklessly by loading the gun and then handing it to Baldwin, who could still face charges.
During the recent hearing, Judge Sommer determined that Gutierrez-Reed could still receive a fair trial and that the prosecutor’s actions did not taint the investigation to an extent that would require dismissal. Gutierrez Reed’s lawyer, Jason Bowles, claimed that potential jurors would be biased against his client due to rumors spread by the prosecution that Gutierrez-Reed fired live rounds on set and was hungover at the time of the shooting. However, Judge Sommer ruled that Gutierrez-Reed must present definite and not speculative prejudice, and that the assertion of tainting a jury pool was premature since the preliminary examination does not involve jurors.
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One of the main controversies surrounding the case is the potential bias in the plea deal reached by assistant director Dave Halls. Bowles questioned whether the plea deal should stand since it was negotiated with the previous special prosecutor, Reeb. However, Morrissey, the current prosecutor, argued that Bowles could not raise the issue since he only represents Gutierrez-Reed and not Halls.
It is worth noting that Halls signed a plea agreement for the charge of negligent use of a deadly weapon. The terms of the agreement include a suspended sentence and six months of probation. Halls is expected to testify against Gutierrez-Reed as a witness for the prosecution.
As for Baldwin, a decision on whether charges will be refiled against him is expected to be made soon. The current prosecutor, Morrissey, along with Lewis and Bowles, did not provide any comments regarding this matter.
In conclusion, the advancement of Gutierrez-Reed’s criminal case is a positive development for the prosecution, which has faced several setbacks in the past. The upcoming hearing will determine if there is enough evidence to proceed to trial. The case has been marred by controversy, including the downgrading of charges, conflicts of interest among prosecutors, and allegations of biased media coverage. The ultimate decision on whether Gutierrez-Reed and Baldwin will face trial will have significant implications for the future of this high-profile case.
