Legal Expert Talks Alec Baldwin’s Odds After ‘Rust’ Armorer Guilty Verdict

On Wednesday, a jury in New Mexico found “Rust” armorer Hannah Gutierrez-Reed guilty of involuntary manslaughter in connection with the fatal shooting of cinematographer Halyna Hutchins.

Although actor Alec Baldwin does not face his own trial until July 9, many are wondering if the rookie armorer’s fate might provide any hints as to whether a separate jury will find the “30 Rock” actor guilty of his own involuntary manslaughter charge.

On October 21, 2021, Alec Baldwin was holding a gun while rehearsing a scene inside a church in New Mexico. Although he has maintained that he did not pull the trigger, the gun went off, striking and killing Halyna Hutchins. Director Joel Souza, who was standing behind Hutchins, was hospitalized as a result of the incident.

It is still unclear how live ammunition ended up on the set of the Western film, but a jury found rookie armorer Hannah Gutierrez-Reed guilty of one count of involuntary manslaughter. She faces 18 months in prison; however, a date for her sentencing has yet to be scheduled.

Following Hannah Gutierrez-Reed’s guilty verdict, lawyer and former L.A. Deputy District Emily D. Baker spoke to People magazine, warning that a jury might not be “sympathetic” to Alec Baldwin given some of the footage that was shown during Hannah Gutierrez-Reed’s trial.

Given that the jury took less than three hours to find Hannah Gutierrez-Reed guilty, Baker feels “that has to be some indicate to [Baldwin’s] team that he may also be convicted in this case.” She went on to say, “The jurors in New Mexico that spoke to the media didn't hold back in saying people on set are responsible for what happened.”

Shortly after returning a guilty verdict, juror Alberto Sanchez spoke to Albuquerque’s KOAT Action News, saying “[they] never did the safety checks. Never checked the rounds [in the gun] to pull them out to look at them, shake ‘em. I mean, if you woulda done that, this never would have happened.” He said that it was “her job to check those rounds,” referring to the rookie armorer, who had only worked on one film set before “Rust.”

Baker believes that Baldwin’s legal team will likely reference the testimony of the state’s weapons expert, Bryan Carpenter, who vocally criticized the way Hannah Gutierrez-Reed handled weapons on set.

“He said in his testimony [that] it's not the actor's job to check the weapon and if the actor checks the weapon, the armorer has to check it again after. Which is consistent with what Baldwin has been saying all along,” Baker said. “The problem Baldwin has is the negligent use of a firearm component of involuntary manslaughter because every weapons expert agrees that you don't point a gun at someone's chest and pull the trigger. That's negligent use of a firearm.”

“Baldwin's going to have to bring in industry experts that will explain that this is acceptable standards in Hollywood when you are handed a gun and told that it is fine, that those rules of gun safety are slightly different on a movie set,” she continued. “I don't know if a jury will buy it, but that's what he needs to do.”

There has been some footage from the trial that could potentially already taint a potential juror pool, such as a video of Baldwin continuing to fire a blank round after director Joel Souza already yelled “Cut!”

“We did see video of Joel Souza calling ‘cut’ and Baldwin continuing to fire a blank round that makes a noise and shoots powder. And you hear the director call Baldwin a ‘motherf—r’ on that video right after Baldwin fires it again,” Baker noted. “This will all come up at Baldwin’s trial.”

Alec Baldwin was first charged in January 2023; however, those charges were dismissed without prejudice in April 2023 pending further investigation. “The charges against Alec Baldwin were dismissed without prejudice because a possible malfunction of the gun significantly affected causation with regard to Baldwin, not with regard to Gutierrez. If it is determined that the gun did not malfunction, charges against Mr. Baldwin will proceed,” special prosecutors Kari T. Morrissey and Jason J. Lewis wrote in a filing.

In January 2024, they refiled charges against the actor. He entered a plea of not guilty. Even though the odds may not seem in his favor, Baker said that there is some hope for Baldwin to be optimistic. She noted that, through Hannah Gutierrez-Reed’s trial, Baldwin’s legal team received “a preview of not only the evidence but also public perception of Baldwin and that's a really unique position. They got to watch a preview of the trial against him.”