The motion to dismiss the charges against Hannah Gutierrez-Reed has been denied by New Mexico Judge Mary Marlowe.
Cinematographer Halyna Hutchins was shot and killed by actor Alec Baldwin during a rehearsal for the movie “Rust.”
Gutierrez has been facing two counts of involuntary manslaughter for the fatal on-set shooting in 2021. Gutierrez, who was the armorer for the film, had been hoping for a successful motion to dismiss, put forth by her defense team.
SEE MORE: Alec Baldwin to be Charged with Manslaughter According to Santa Fe DA
Her defense team sought dismissal, stating that there are jurisdictional and structural issues with the case. These claims stem from the change in prosecutors and alleged biased statements made to the media.
‘Rust’ armorer Hannah Gutierrez-Reed was likely hungover on set: prosecutors https://t.co/Z8jBn4v0cz pic.twitter.com/IGgjXkMrni
— New York Post (@nypost) June 15, 2023Available on GunsAmerica Now
Argument Against Dismissal
In response, Prosecutor Kari Morrissey argued during Tuesday’s hearing that the defense was seeking “more time before the preliminary hearing.”
Furthermore, she affirmed, that should the charges be dismissed, she could file a new criminal information “by the end of the day.”
In her argument, Morrissey retorted, “The criminal charge itself indicates that the state believes that there is probable cause that Ms. Gutierrez acted recklessly. That’s the criminal charge. We can’t try this case in a vacuum. It is a high-profile case.”
The motion was denied Tuesday during a virtual hearing by State District Court Judge Mary Marlowe. Judge Marlowe stated that the defense failed to demonstrate “actual and substantial prejudice” that would warrant a dismissal of such charges.
Further, Marlowe explained, “This is at the preliminary stage. For you to say you’ve basically tainted a jury — we’re not even there yet.”
Additionally, the Judge claimed the jurisdictional issues were resolved with the change in prosecutors.
Additional Charges against “Rust” Armorer
Along with the Manslaughter charges, Gutierrez faces an additional charge of tampering with evidence. According to a witness, Gutierrez handed off a small bag of cocaine following her interview with police immediately after the shooting occurred.
During Tuesday’s hearing, the protective order concealing the witness’s identity was withdrawn.
Gutierrez is scheduled to appear in court for a preliminary hearing on Aug. 9th.
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I was an armorer in Viet Nam and from what I have read and heard about this woman I suspect she wouldn’t make a pimple on an amorers ass.
Democraps with guns and all are innocent in this country