A New Mexico judge has ruled that Hannah Gutierrez, the weapons operator in the ill-fated western video” Rust”, may remain in prison for her part in the fatal shooting of the show’s photographer.
Following revelations of alleged errors by a special prosecutor, New Mexico First Judicial District Court Judge Mary Marlowe Sommer on Monday denied a request to free Gutierrez from prison or schedule a new trial to weigh the evidence.
Gutierrez’s attorney Jason Bowles said he would appeal the decision.
Gutierrez has served nearly seven months of her , 18-month prison sentence , for her involuntary manslaughter conviction in the accidental 2021 shooting death of Halyna Hutchins.
Gutierrez has acknowledged loading Baldwin’s prop gun. In March, a 12-member Santa Fe County jury , found Gutierrez guilty , of the felony charge following a two-week trial that delved into on-set safety issues and lingering trauma for those who witnessed the shooting.
Gutierrez allegedly brought live rounds of ammunition to the set from her Arizona home, a claim that special prosecutor Kari T. Morrissey refuted. Baldwin was  , pointing the weapon , at Hutchins while preparing for a scene , when the revolver discharged. Hutchins died from her wound, the film’s director, Joel Souza, was also shot but recovered.
After New Mexico’s prosecution of Baldwin collapsed last summer amid allegations of misconduct by Morrissey and Santa Fe County sheriff’s deputies, the judge took a second look at Gutierrez’s conviction.
After a dramatic daylong hearing in July, Marlowe Sommer abruptly dismissed the case against Baldwin, who was also facing an involuntary manslaughter charge. The judge was furious with Morrissey and other county officials after learning that evidence, which could have been helpful to Baldwin’s defense, had been concealed from the actor’s attorneys.
The disputed evidence included a bag of ammunition, some of which matched the fatal bullet in the” Rust” shooting. According to Morrissey, the ammunition was unrelated to Baldwin’s case.
After Baldwin was cleared, Bowles argued that because of this “prosecutorial misconduct,” his client was entitled to a new trial or the dismissal of her case.
As the defense team prepared for Gutierrez’s trial, the judge received additional evidence, including a supplemental report from the state’s ballistics expert and an interview with the weapons and ammunition provider, according to Bowles, who said last week,  , who presented his argument to the judge. Gutierrez was denied her rights by the failure to disclose these materials, according to Bowles.
The judge was not swayed.
In the Monday’s order, Marlowe Sommer noted that Gutierrez had acted in a careless manner that “allowed a fatal gunshot to occur” and that” Defendant has been convicted of a felony involving a firearm and resulting in the death of Ms. Halyna Hutchins.
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