‘Rust’ armorer wants case dismissed following Baldwin dismissal

NEW MEXICO (KRQE) – The armorer on the ‘Rust’ movie set, where a gun went off killing the film’s cinematographer, wants her conviction overturned and her case dismissed. This after actor Alec Baldwin’s case was dismissed on Friday with prejudice.

Judge Mary Marlowe Sommer dismissed Alec Baldwin’s involuntary manslaughter trial on Friday after the defense said critical evidence was left out of the case. They said ammunition turned into the Santa Fe County Sheriff’s office was never properly tested. The state said the ammunition was not relevant.

In June, Hannah Gutierrez’s attorney filed a motion to release the Rust armorer from prison after she was found guilty of involuntary manslaughter in March. They said the state withheld evidence that would have resulted in a different outcome in her trial.

According to their motion, a firearms report was never provided to them which they said shows there was damage to the firearm used in the shooting other than what happened due to FBI testing which damaged the gun.

In 2021, Baldwin was holding a gun that had a live round in it on the set of Rust killing cinematographer Halyna Hutchins. Baldwin has said he did not pull the trigger.

Related Coverage

• Rust shooting investigation files released by Santa Fe County Sheriff’s Office
• Warrant reveals gun not thoroughly checked before movie set shooting; sheriff not ruling out cha r ges
• Halyna Hutchins: What we know about the cinematographer killed by prop gun
• Sheriff: Alec Baldwin discharged prop gun on movie set that killed 1, injured another
• Attorneys: Charge to be dropped against Alec Baldwin in fatal ‘Rust’ shooting case

Just before the judge made the decision to dismiss Baldwin’s case with prejudice, special prosecutor Erlinda Ocampo Johnson left the case. She said she didn’t know about the evidence in question until the defense brought it up last week.

“It is unfortunate that the case ended the way it did because I believed in the case. I believed that there were acts of recklessness on set. I believed there was evidence to support the charge even beyond a reasonable doubt,” said Ocampo Johnson. “The question and the issue at the end was a failure to disclose, whether inadvertent or not. There was a failure to disclose.”

The prosecutor in the case said she respects Johnson’s opinion but disagrees with it. “She and I had a disagreement about whether the case should be dismissed without a public hearing. She wanted to dismiss it and I believe we owed it to the public, certainly to the citizens of New Mexico, to have a public hearing on what happened,” said Prosecutor Kari Morrissey.

Gutierrez’s attorney, Jason Bowles, told KRQE they are filing another motion this week. He said they would be filing a motion to dismiss or for a new trial.

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