'Rust' Prosecutors Claim Armorer Hannah Gutierrez-Reed Is A 'Danger To The Community' Amid Appeal Attempt

"Rust" armorer Hannah Gutierrez-Reed is still behind bars waiting to see the results of her appeal after she was sentenced to 18 months for involuntary manslaughter in connection to the death of cinematographer Halyna Hutchins.

It took a jury less than three hours to find the rookie armorer guilty of involuntary manslaughter but acquitted her on a lesser charge of tampering with evidence. Judge Mary Marlowe Sommer, who will also oversee the trial of actor Alec Baldwin this July, felt that Hannah Gutierrez-Reed did not show remorse and sentenced her to the state maximum of 18 months.

After spending so much time working to get a guilty conviction, “Rust” special prosecutor Kari T. Morrissey does not want to see Hannah Gutierrez-Reed go free. According to court documents obtained by The Blast, the State of New Mexico placed a three-page filing on May 27 arguing against the armorer’s chance for an appeal.

The document opens noting that Hannah Gutierrez-Reed may be released pending appeal if the Court finds “clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released.”

Although Morrissey notes that Gutierrez-Reed has no prior felony convictions, she does have another felony case pending in the First Judicial District Court. “The history of Ms. Gutierrez’s time in New Mexico is troubling,” the filing states. “Ms. Gutierrez was only present in New Mexico for less than four weeks and there is evidence that she committed three felony offenses during that time.”

Although the “Rust” armorer was convicted of involuntary manslaughter in connection with the death of Halyna Hutchins, Morrissey notes that “she has a pending case for carrying a firearm into a liquor establishment (which appears to have been committed with blatant and flagrant disregard to laws related to public safety.”

The “Rust” prosecutor notes that there is “ample evidence that Ms. Gutierrez was in possession of cocaine while in New Mexico” even though a jury acquitted her of that charge. During the trial, a witness testified that Hannah Gutierrez-Reed gave her a bag of white powder on the day that Hutchins was killed.

The woman, who identified herself as a recovering addict, believed that the substance contained cocaine and threw it in a garbage can at the hotel where the “Rust” crew were staying.

The bag was never found and the substance could not be identified as cocaine. Thus, a jury acquitted her of that charge. Given Morrisey’s recent statement, however, it appears that she still finds it likely that the rookie armorer had cocaine in her possession while working on the Western film.

While reviewing her cell phone records, Morrissey noted that the “Rust” armorer has “a significant substance abuse problem that dates back nearly ten years.” They also noted that text messages found on her phone “contained evidence of long-term alcohol abuse, cocaine abuse, use of psychedelic mushrooms and evidence of huffing from aerosol-type containers.”

While in jail, her phone calls were also being monitored. In the filing, Morrissey claims, “While incarcerated, Ms. Gutierrez’s jail calls indicated previously undiscovered violations of her conditions of release prior to and during her trial for alcohol use/abuse to such degree that it appeared to have negatively impacted her personal relationships.”

“In two jail calls, Ms. Gutierrez discussed consumption of alcohol while on conditions of release and her boyfriend complained that she mistreated him when she consumed alcohol,” the filing states. As part of her release, Hannah Gutierrez-Reed was not allowed to consume alcohol or drugs. However, Morrissey claims that her phone calls reveal that she violated this condition.

It remains unclear if Hannah Gutierrez-Reed will appear at Alec Baldwin’s trial to testify. According to this latest filing, Morrissey says that her jail calls “indicated a clear disdain for the Court’s orders and a willingness to refuse to appear in Court when ordered.” In one phone call, the “Rust” armorer “expressed a willingness to refuse to appear to Mr. Baldwin’s trial if lawfully subpoenaed.”

In addition, the filing notes that “All of Ms. Gutierrez's family members and her boyfriend are gun owners and Ms. Gutierrez expressed a willingness in her jail calls to run afoul of any court orders requiring her to refrain from possessing firearms. In one phone call, she discussed with her boyfriend that he could put his guns ‘in a safe and he can tell them (probation authorities) that she doesn’t know the combo.’”

After a brief mention that she has no significant family or community ties in New Mexico and was “seemingly underemployed for the year leading up to her trial,” Morrissey concluded her filing by asking the court not to release Hannah Gutierrez-Reed from jail.

“Due to the above-stated reasons, Ms. Gutierrez should be considered a flight risk and a danger to the community and held in custody pending appeal,” the filing concludes.