Judge Denies 'Rust' Armorer Hannah Gutierrez-Reed's Attempt To Get Amended Charges Thrown Out

The criminal case against “Rust” armorer Hannah Gutierrez-Reed will continue, according to a New Mexico judge.

On October 21, 2021, “Rust” cinematographer Halyna Hutchins was shot and killed when a gun held by actor Alec Baldwin was discharged on the set of the Western film. Both the rookie armorer and the “30 Rock” actor were charged with two involuntary counts of manslaughter; however, the charges against Baldwin were dropped without prejudice in April 2023.

Although there is still a possibility that the 65-year-old actor may still face criminal charges, Hannah Gutierrez-Reed waived her right to a preliminary hearing, which means that she will go to trial later this year if she doesn’t strike a plea deal by Halloween.

In new court documents obtained by The Blast, the judge decided to strike down the “Rust” armorer’s attempt to dismiss the amended complaint against her. Her legal team felt that the prosecutor lacked authority to bring the charges against her and that her right to due process was violated when the media started circulating news that she had been charged with transferring drugs to another individual on the day that cinematographer Halyna Hutchins was killed.

According to the documents, all of the motions that her attorney, Jason Bowles, tried to get dismissed were denied “based on a lack of prosecutorial authority.” Although the charges were first brought against Gutierrez-Reed by former prosecutor and Santa Fe District Attorney Mary Carmack-Altwies, the documents noted that the information “filed by the new prosecution team, Jason Lewis and Kari Morrissey, supersedes the First Amended Criminal Information and cures the alleged defects presented by the Defendant.”

When it came to the possibility that the jury pool would be tainted by headlines that she was allegedly “hungover” and under the influence on the “Rust,” set, the court felt that her legal team had not “demonstrated any prejudice that does not amount to speculation. Nor does she provide any evidence that the jury pool has actually been tainted by the media coverage the case has received.”

Although her legal team also tried to argue that a “discriminatory effect” applied to this case, the court documents say that it was really Alec Baldwin who has “celebrity status” and is “not a classification or characteristic belonging to Defendant Gutierrez.”

As previously reported, Hannah Gutierrez-Reed is facing two charges of involuntary manslaughter after prosecutors alleged that she displayed criminal negligence when she loaded a live round into the gun that was later held by actor Alec Baldwin on the “Rust” set at the Bonanza Creek Ranch near Santa Fe, New Mexico.

She was later charged with tampering with evidence for allegedly giving someone a bag of cocaine on the day of the shooting. If she is convicted of both of these charges, she could face up to three years in prison.

Prosecutors were supposed to begin the preliminary hearing on Wednesday to determine whether or not there was enough evidence to proceed to trial; however, last Friday, Gutierrez-Reed signed a waiver to give up her right to a hearing, which means that the case will move forward to a trial.

In an email obtained by Variety, her attorney, Jason Bowles, explained that, in New Mexico, the defense team can also conduct full pretrial interviews with state witnesses to test the state’s case. “It renders the preliminary hearing meaningless in a lot of ways,” Bowles wrote. “And the standard the prosecution must meet for a preliminary is exceedingly low, as opposed to the standards for trial. We will conduct interviews and proceed by motion practice as applicable.”

At this time, it is unclear if actor Alec Baldwin will be facing criminal charges for his role in the fatal shooting. The charges against him were dismissed without prejudice, which means that his case could also potentially go to trial.

In early June, special prosecutors Jason Lewis and Kari Morrissey announced that they would decide whether or not to press charges against the "Supercell" actor within the next sixty days. However, they have yet to make that decision.