Rust Armorer Convicted of Involuntary Manslaughter Denied New Trial by Same Judge Who Dismissed Alec Baldwin Case

Hannah Gutierrez-Reed, now serving an 18-month sentence for her role in the death of cinematographer Halyna Hutchins, requested a new trial in July

Hannah Gutierrez-Reed, the Rust armorer convicted of involuntary manslaughter and sentenced to 18 months in prison for her role in the accidental on-set shooting death of cinematographer Halyna Hutchins in 2021, had her motion for a new trial dismissed Monday, Sept. 30.

Judge Mary Marlowe Sommer, who presided over Gutierrez-Reed’s trial at New Mexico’s First Judicial Court earlier this year, issued her ruling in court papers filed obtained by PEOPLE.

Jason Bowles, an attorney for Gutierrez-Reed, filed an expedited motion for a new trial or a dismissal on July 16, four days after Sommer, who also presided over Alec Baldwin’s involuntary manslaughter trial, dismissed with prejudice the case against the actor.

In the motion, Bowles cited the “severe and ongoing discovery violations by the State,” which came to light during Baldwin’s trial, including allegedly suppressed evidence.

Bowles argued at a Sept. 26 hearing on the matter that the State had failed to turn over an interview with Seth Kenney, the prop supplier — but Sommer ultimately ruled against him and Gutierrez-Reed.

“Defendant has not established that there is a reasonable probability that, had the evidence been available to Defendant, the evidence would have produced a different verdict,” wrote Sommer, who also disagreed with other arguments Bowles made during the hearing.

In July, Sommer dismissed the case against Baldwin, 66, who was holding the gun on the set of Rust when it discharged, killing Hutchins and injuring director Joel Souza. He insisted he did not pull the trigger or know why the gun accidentally contained live ammunition, but was indicted in January and stood trial over the -

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summer

During the third day of the proceedings, lawyers for Baldwin asked Sommer to dismiss the case, arguing that the prosecution buried evidence. On March 6, a man named Troy Teske, a friend of Thell Reed, the father of Gutierrez-Reed, turned over to authorities ammunition that he thought was connected to the case.

Sommer heard testimony from witnesses including Corporal Alexandria Hancock of the Santa Fe Sheriff's Office. Hancock works in the office where Teske allegedly dropped off the ammunition, and she admitted that the ammunition Teske handed over was filed separately from the other Rust evidence. As such, it was not turned over to the defense. 

Hancock also said Morrissey — the same prosecutor who tried Gutierrez-Reed, 27, in March — was involved in talks to file them separately. Morrissey then testified why she did not believe they were relevant to the Rust case.

Sommer agreed with the defense and dismissed the case against Baldwin, saying, in part, “The late discovery of this evidence during trial has impeded the effective use of evidence in such a way that it has impacted the fundamental fairness of the proceedings.”

Bowles referenced that ruling in his own motion: “This Court stated on July 12 that the integrity of the judicial system demanded that the Court dismiss Mr. Baldwin’s case with prejudice. How can it be any different with Ms Gutierrez Reed’s case, with this proven litany of abuses?”

On Sept. 4, Gutierrez-Reed reached a tentative plea deal on a separate charge of unlawful carrying of a firearm in a licensed liquor establishment on Oct. 1, 2021. She has agreed to receive 18 months of probation, according to Bowles. A hearing on the matter is Oct. 7 in the First Judicial District Court of New Mexico.

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