SANTA FE COUNTY, N.M. (KRQE) – “Rust” movie armorer Hannah Gutierrez had her motion for a new trial or dismissal of charges denied by Judge Mary Marlowe Sommer on Monday.
Gutierrez’s legal team filed the motion after Gutierrez was found guilty of involuntary manslaughter and sentenced to 18 months in prison earlier this year for the death of cinematographer Halyna Hutchins.
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Hutchins died after being shot on the set of “Rust” in Santa Fe County in 2021. Actor Alec Baldwin was holding a gun that went off with a live round in it on the set, hitting and killing cinematographer Hutchins. Baldwin’s case was dismissed in July because Judge Marlowe Sommer said the prosecution failed to disclose evidence.
Gutierrez’s attorney wanted her conviction overturned, claiming the state didn’t log ammunition brought to them after the shooting and said it could provide information about where the live ammunition on set came from. The defense also filed a motion asking the judge to release Gutierrez pending her decision and said she was not a danger.
The state objected to the release and said Gutierrez had violations, citing her jail calls showing she was in possession of alcohol during the trial and had a firearm.
