'Rust' Armorer Hannah Gutierrez-Reed To Remain In Jail After Judge Rejects New Trial

"Rust" armorer Hannah Gutierrez-Reed is facing 18 months behind bars in connection with the death of cinematographer Halyna Hutchins.

On October 21, 2021, a gun held by Alec Baldwin went off, striking and killing Hutchins. It took a jury less than three hours to find Hannah Gutierrez-Reed guilty of involuntary manslaughter after prosecutors accused her of being negligent on the set of the Western film.

On Friday, Judge Mary Marlowe Sommer rejected Hannah Gutierrez-Reed's plea for a new trial and ordered that she must remain behind bars until her sentencing in April.

“Keep in mind there was a death that the jury determined was caused by her so I’m not releasing her,” the New Mexico judge said in a virtual hearing.

Hannah Gutierrez-Reed is looking at a sentence of up to 18 months behind bars and around $5,000 in fines. She is scheduled to be sentenced on April 15.

In mid-March, Hannah Gutierrez-Reed's legal team filed a motion trying to get the verdict tossed and replaced with a new trial. They also wanted the rookie armorer, who had only worked on one film set before "Rust," to be released from jail pending a new trial amid reports that Hannah Gutierrez-Reed was struggling to adapt to life behind bars at the Santa Fe County Detention Center.

The argument depended on the "and/or" conjunction used in the jury instructions. Her lead attorney, Jason Bowles, cited a New Mexico Supreme Court decision to toss a ruling against two daycare workers after a court decided that four "and/or" conjunctions created unnecessary confusion for the jury. However, there was only a single "and/or" conjunction used in Hannah Gutierrez-Reed's trial.

According to court documents obtained by The Blast, lead prosecutor Kari Morrissey indicated that “The instruction at issue states, ‘Hannah Gutierrez loaded live ammunition into a firearm intended to contain only inert ammunition, and/or Hannah Gutierrez failed to perform an adequate safety check of the ammunition she loaded into the firearm[.]'”

“This simple instruction did not require much effort for the jury to understand,” the filing continues. “The jury could have found that the defendant committed one act or the other, both, or neither. The inquiry was straightforward and did not require complicated parsing of syntax, such as requiring the jury to decide between multiple permutations of several acts, as was the case in Taylor,” referring to the daycare lawsuit.

“This instruction on its face is clear and concise. It would not result in a reasonable juror or jury being confused as to which acts are necessary to convict the defendant,” the court documents state. “There are but two options and the instructions make clear the jury could have selected one or the other, both, or neither. This instruction is not confusing and not remotely similar to the complex instruction the Taylor court found to be unlawful.”

The prosecution went on to say that "The instructions used at defendant’s trial were neither confusing nor legally insufficient,” and went on claim that while “the Court makes clear that the use of ‘and/or’ should be avoided in jury instructions, the test for determining whether instructions are legally insufficient is far more complex.”

Halyna Hutchins' parents and sister are being represented by attorney Gloria Allred in a civil suit against Alec Baldwin and other "Rust" producers. It should be noted that Gloria Allred is also representing "Rust" script supervisor Mamie Mitchell in her own civil suit, filed only a few weeks after Hutchins was killed.

The day after a jury found Hannah Gutierrez-Reed guilty of involuntary manslaughter, family attorneys Gloria Allred and John Carpenter released a stattement, saying, "Halyna’s parents and her sister have always wanted everyone who is responsible for Halyna’s death to be held accountable,” adding, “Today was the first trial and conviction in the criminal justice process. We are satisfied that the jury, based on the evidence, found Hannah Gutierrez-Reed guilty beyond a reasonable doubt for her part in the taking of Halyna’s life.”

They went on to say, “We look forward to the justice system continuing to make sure that everyone else who is responsible for Halyna’s death is required to face the legal consequences for their actions.”

Hannah Gutierrez-Reed's trial is separate from the one that Alec Baldwin is facing. His own criminal trial is currently scheduled to begin on July 9, 2024; however, his attorneys are trying to get charges dropped due to concerns that he will not receive a fair trial.