An attorney for Hannah Gutierrez-Reed, the armorer on the set of the film “Rust,” says he plans to file a motion early next week to have her case dismissed, citing misconduct by the prosecution that prompted the judge in the trial of Alec Baldwin to toss out his case.
“We are going to be filing on the same basis on discovery violations which have occurred throughout her case and continue to occur,” Gutierrez-Reed’s attorney Jason Bowles told NBC News hours after Baldwin’s dismissal. “Things that I learned today that happened, absolutely shocking.”
Gutierrez-Reed was convicted of involuntary manslaughter in March in the killing of cinematographer Halyna Hutchins on the set of “Rust” and sentenced to 18 months in prison.
Baldwin was holding a prop gun on set when it fired a live round of ammunition that killed Hutchins on Oct. 21, 2021. He was charged with one count of involuntary manslaughter by New Mexico special prosecutor Kari T. Morrissey and his trial started on Tuesday. He had pleaded not guilty.
Morrissey had claimed over the course of the brief trial that Baldwin was negligent in his handling of the firearm.
But in a stunning twist on Friday, Baldwin’s criminal trial was dismissed after the New Mexico judge overseeing the case ruled that the prosecution did not disclose evidence related to the fatal shooting.
During Thursday’s testimony, it was revealed that Morrissey and the local Santa Fe Sheriff’s Office were made aware of new evidence when Troy Teske, a friend of Gutierrez-Reed’s stepfather, turned in live ammunition on the last day of her trial in March. The defense had long asked the state to test and compare this ammunition to the live rounds found on the “Rust” set, believing it could exonerate Gutierrez-Reed.
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“The judge absolutely made the right decision on the law and on the facts. ... The judge found the state committed misconduct,” Bowles said. “A lot of emotions. I mean, seeing Mr. Baldwin, knowing what he was going through, knowing what Hannah Gutierrez-Reed is going through right now being in prison, and that the state has committed a pattern of violations of discovery ... it’s devastating.”
Following the judge’s ruling, Baldwin left the courthouse without making any statements to the media. But Morrissey stopped and spoke to a group of a reporters about the shocking outcome.
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“I understand the court disagrees with me and I respect the court’s decision,” she said. “There is absolutely no evidence that any of that ammunition is related to the incident involving Ms. Hutchins.”
NBC News has reached out to Baldwin’s attorneys for comment.
On Saturday, Baldwin posted to his official Instagram account, saying, “There are too many people who have supported me to thank just now.”
“To all of you, you will never know how much I appreciate your kindness toward my family,” Baldwin said.
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