Rust armorer Hannah Gutierrez faces sentencing on Monday for her involvement in the 2021 accidental shooting of cinematographer Halyna Hutchins on the New Mexico set.
She could potentially be sentenced to up to 18 months in prison as a result of the felony conviction.
In a sentencing memorandum filed last week, her lawyers requested probation, highlighting her “complete lack of prior criminal history” and “relative youth.” On the other hand, prosecutors urged for a sentence of 18 months, arguing that she exhibited “extreme recklessness” in her role as an armorer on the “Rust” set and should be designated as a serious violent offender.
The Santa Fe County jury reached a split verdict after deliberating for less than three hours on March 6. They found her guilty of involuntary manslaughter but acquitted her of tampering with evidence in the case.
During the closing arguments in the trial, prosecutors emphasized that Gutierrez’s lack of proper firearm safety was a recurring issue and that her negligence ultimately resulted in the tragic death of Hutchins, who was shot by actor Alec Baldwin. On the other hand, the defense argued that Gutierrez, at 26 years old, is being unfairly blamed for the incident and is being made a convenient scapegoat.
Following the verdict, Gutierrez was placed in custody.
Defense attorneys recently filed an urgent motion for a new trial and release, asserting that the jury instructions had the potential to result in a non-unanimous verdict. However, Judge Mary Marlowe Sommer ultimately denied the motion.
According to her attorneys, Gutierrez has faced and will continue to face severe consequences that go beyond what most defendants experience.
“This conviction and the overwhelming media attention will have a lasting impact on her life going forward. It will affect her job prospects and make it difficult for her to lead a normal life again someday,” expressed her attorneys.
In a surprising turn of events, Ms. Gutierrez made an unexpected request in her jail calls. Prosecutors revealed that she asked her legal team to contact Ms. Hutchins’ husband and son, urging them to speak on her behalf during her sentencing.
According to prosecutors, despite being eligible for a conditional discharge, she is still confronted with an additional felony charge for reportedly concealing a firearm from security personnel at a nearby bar.
The state requested that Gutierrez receive a sentence of 18 months as a serious violent offender, considering her recklessness. Alternatively, if the court deemed a suspended or deferred sentence more suitable, she could be placed on probation for five years.
During the filming of a Western movie on October 21, 2021, inside a church, Baldwin was rehearsing a cross-draw maneuver. Unfortunately, the Colt .45 revolver he was handling discharged a live round, accidentally hitting Hutchins, the cinematographer, and director Joel Souza, who thankfully sustained a non-life-threatening injury.
Prosecutors presented evidence during the two-week trial, alleging that Gutierrez had brought six live rounds onto the set. They argued that he failed to perform industry-standard safety practices, resulting in the deadly shooting. It was revealed that Gutierrez did not discover the live rounds for 12 days.
During her closing argument, prosecutor Kari Morrissey emphasized that this case wasn’t just about one accidental mistake made by Hannah Gutierrez. Instead, it was about a series of ongoing safety failures that tragically led to the death of a person and almost took another life.
Morrissey informed the jurors that Gutierrez had neglected to uphold firearms safety on the set, resulting in a fatal accident that could have been anticipated and prevented.
According to Morrissey, Gutierrez’s failure to properly check the dummy rounds for live ammunition, such as by shaking them, created a dangerous situation akin to playing “Russian roulette” every time an actor had a gun loaded with dummies. Additionally, Morrissey claims to have gathered substantial circumstantial evidence suggesting that Gutierrez was responsible for bringing the live rounds onto the set.
According to Morrissey, it is not being claimed that Hannah Gutierrez intentionally brought live rounds onto the set. Rather, it is being stated that she acted negligently, carelessly, and thoughtlessly.
According to Morrissey, Hutchins succumbed to her injuries, which included severe blood loss and a fatal wound to her lung.
According to her statement, she emphasized that the tragic death of Halyna Hutchins was undeniably caused by a shocking negligence towards gun safety.
During his closing argument, defense attorney Jason Bowles asserted that there was an undue haste in reaching a judgment and that the detectives failed to carry out a comprehensive investigation of the shooting. According to Bowles, Gutierrez was unfairly singled out as a “convenient fall person.”
According to his statement, the investigation conducted by the New Mexico Occupational Safety and Health Administration revealed that the management exhibited a clear disregard for the safety of the employees and therefore held responsibility for ensuring a safe environment on the set.
Gutierrez faced an additional charge of tampering with evidence, as prosecutors claimed that she had handed over a small bag of cocaine at her hotel after her interview with law enforcement on the day of the shooting. However, the jury ultimately acquitted her of this charge.
Gutierrez chose not to provide her testimony in her own defense.
Baldwin is facing involuntary manslaughter charges in connection with Hutchins’ death. The trial is set to commence in July.
Last month, his attorneys filed a motion to dismiss the charge, alleging that prosecutors engaged in “unethical disparagement” of the actor and violated numerous rules to obtain a grand jury indictment.
According to prosecutors, Baldwin disregarded concerns about Gutierrez and jeopardized safety on the set by pressuring the crew and armorer to work more quickly.
According to prosecutors, Halyna Hutchins’ tragic death was caused by a combination of Hannah Gutierrez’s negligence and inexperience, as well as Alec Baldwin’s complete disregard for the safety of those around him.
Marlowe Sommer is currently reviewing the motion to dismiss the charge and has not made a ruling yet.
