A New Mexico decide has dominated that Hannah Gutierrez, the weapons officer within the ill-fated Western movie “Rust,” should stay in jail for her function within the deadly taking pictures of the movie’s cinematographer.
New Mexico’s First Judicial District Judge Mary Marlowe Sommer on Monday denied a request to launch Gutierrez from jail or schedule a brand new trial to judge the proof after revelations of alleged missteps by a particular prosecutor.
Gutierrez’s legal professional, Jason Bowles, stated he’ll enchantment the choice.
Gutierrez has served almost seven months of his 18-month jail sentence for his manslaughter conviction within the 2021 unintended demise of Halyna Hutchins.
Gutierrez admitted to loading actor Alec Baldwin’s gun. In March, a 12-member Santa Fe County jury found Gutierrez guilty of the felony charge after a two-week trial that delved into safety issues on the set and lingering trauma for those who witnessed the shooting.
Special Prosecutor Kari T. Morrissey argued that Gutierrez introduced stay ammunition to the set from his house in Arizona, an allegation Gutierrez denied. Baldwin was pointing the gun at Hutchins whereas making ready for a scene by which the revolver was fired. Hutchins died from her wound; The movie’s director, Joel Souza, was additionally shot however recovered.
The decide took one other have a look at Gutierrez’s sentencing after the prosecution of Baldwin in New Mexico collapsed over the summer season as a consequence of allegations of misconduct by Morrissey and Santa Fe County sheriff’s deputies.
Marlowe Sommer dropped the case towards Baldwin, who was going through a manslaughter cost, after a dramatic daylong listening to in July. The decide was livid with Morrissey and different county officers after studying that proof, which might have been helpful to Baldwin’s protection, had been withheld from the actor’s legal professionals.
The disputed proof included a bag of ammunition, a few of which matched the deadly bullet from the taking pictures. Morrissey argued that the ammunition was not related to Baldwin’s case.
After Baldwin was cleared, Bowles argued that his shopper was entitled to a brand new trial or dismissal of her case due to such “prosecutorial misconduct.”
Last week, Bowles introduced his causes to the decide, saying that extra proof – together with a supplemental report from the state’s ballistics skilled and an interview with the weapons and ammunition provider – was not supplied to the protection crew whereas was making ready for Gutierrez’s trial. Failure to reveal these supplies disadvantaged Gutierrez of his rights, Bowles stated.
The decide was not satisfied.
“The defendant was convicted of against the law involving a firearm ensuing within the demise of Ms. Halyna Hutchins,” Marlowe Sommer wrote in Monday’s order, including that Gutierrez had acted recklessly sufficient to “ permit a deadly taking pictures to happen.”
