Judge Rules Jailed ‘Rust’ Armorer Will NOT Have To Testify At Alec Baldwin’s Trial

On Friday, a New Mexico judge decided that jailed “Rust” armorer Hannah Gutierrez-Reed will not be forced to testify at AlecBaldwin's involuntary manslaughter next month.

The rookie armorer, who only worked on one movie set before serving as the armorer and props master in the ill-fated Western film, was sentenced to the state maximum of 18 months behind bars after a jury spent less than three hours deliberating before returning with a guilty verdict. She was also charged with involuntary manslaughter in connection with the death of "Rust" cinematographer Halyna Hutchins.

Judge Mary Marlowe Sommer, who presided over Hannah Gutierrez-Reed’s trial and will oversee Alec Baldwin’s trial as well, also decided that the criminal trial will still be held in just two weeks despite the actor’s attempts to get the case thrown out on a technicality.

On June 21, Judge Mary Marlowe Sommer ruled that “Rust” armorer Hannah Gutierrez-Reed would not have to testify at Alec Baldwin’s involuntary manslaughter trial, which is scheduled to begin on July 9. After hearing arguments from special prosecutor Kari Morrissey, defense lawyer Heath Leblanc, and Gutierrez-Reed’s primary lawyer, Jason Bowles, Judge Sommer declared, “I’m not going to do a mini-trial within a trial.”

Judge Sommer went on to say, “I haven’t heard of anything that she might testify to that someone else could not testify to” and did not feel that it would be reasonable to hold the jailed armorer in contempt if she refused to answer questions while testifying.

During the hearing, attorney Jason Bowles told the court that his client “doesn’t want to be cooperative in this case” and went on to say that “she does not want to answer the questions.” Previously, Hannah Gutierrez-Reed asserted her Fifth Amendment privilege during a pre-trial interview, which had forced prosecutors to seek immunity for the jailed armorer, who is currently working on her appeal.

However, at this point, it does not seem that their push for immunity will be granted, as it seems that Hannah Gutierrez-Reed will no longer testify as a result of the judge’s decision. Neither Hannah Gutierrez-Reed nor Alec Baldwin were present at the virtual hearing, which was held just two weeks shy of Alec Baldwin’s trial date.

In a brief statement, Hannah Gutierrez-Reed’s attorney Jason Bowles told Deadline, “I believe this judge made a very sound decision to avoid mini trials within a trial and denied the State’s motion.” After that matter was resolved, defense lawyer John Bash tried to get the criminal trial against Alec Baldwin dropped entirely.

“Under New Mexico law, the state must establish the defendant’s subjective awareness of a substantial risk that his or her actions could cause harm to another person,” Bash said, as per Deadline. “It’s a subjective standard. The state, and I think we will show this has abjured any ability to show that Mr. Baldwin had a subjective awareness of a risk that the firearm in this case is loaded with live ammunition. Without that essential piece, the state cannot establish the element of the offense.”

Even though the “Rust” cast and crew were working on a movie set and were not aware that there was the possibility of live ammunition inside their weapons, Judge Mary Marlowe Sommer felt that “As an actor, he is not supposed to be pointing a gun at someone.” She went on to say, “He pulled the trigger when he was pointing a gun that he didn’t need to point.”

Special prosecutor Kari Morrissey declared that Bash’s statement was “absolutely false,” going on to say, “Unless this gun has a live round in it, it is completely harmless.” She went on to declare that the prosecution has obtained “an extraordinary amount of circumstantial evidence” that Baldwin knew that the guns on set were dangerous, citing multiple “accidental discharges” that had occurred in the weeks leading up to the October 21, 2021 shooting of Halyna Hutchins.

Although Baldwin’s attorneys argued that the actor had not actually committed a criminal offense in order to be charged, Judge Mary Marlowe Sommer decided to leave the “disputed facts” up to a jury for interpretation. “The court finds that first of all, there does exist disputed facts before the court that are not capable of dismissal as a matter of law,” Judge Sommer said at the hearing.

Even though the “Rust” trial is far from over, director Joel Souza – who was hospitalized as a result of the October 2021 shooting – was able to finish filming his movie in the spring of 2023 in Montana. However, the completed film has yet to find a buyer.

Alec Baldwin has pleaded not guilty to his involuntary manslaughter charge. If convicted, he faces up to 18 months behind bars and the possibility of around $5,000 in fines.