The armorer on “Rust” waived her right to a preliminary hearing on Friday, clearing the path to take her to a trial on manslaughter charges.
Hannah Gutierrez Reed is charged with involuntary manslaughter in the death of cinematographer Halyna Hutchins in October 2021. Prosecutors allege she displayed criminal negligence when she accidentally loaded a live round into Alec Baldwin‘s gun. Hutchins was shot when the gun fired during preparation for a scene at the Bonanza Creek Ranch near Santa Fe, N.M.
Gutierrez Reed has also been charged with tampering with evidence, for allegedly handing off a bag of cocaine to someone else on the day of the shooting. If convicted of both charges, she faces up to three years in prison.
Prosecutors were expected to begin the preliminary hearing in the case next Wednesday at a courthouse in Santa Fe. At the hearing, they would have to call witnesses to prove there is enough evidence to take the case to trial.
But Gutierrez Reed filed a waiver on Friday giving up her right to the hearing. The case will proceed instead to trial.
The defense often uses a preliminary hearing as an opportunity to cross-examine the state’s witnesses, testing the strength of the case and laying a record that can be useful at trial. The defense typically does not put on its own case.
In an email, Gutierrez Reed’s lawyer said that in New Mexico, the defense can conduct full pretrial interviews with state witnesses, which can also be used to test the state’s case.
“It renders the preliminary hearing meaningless in a lot of ways,” said the attorney, Jason Bowles. “And the standard the prosecution must meet for a preliminary is exceedingly low, as opposed to the standards for trial. We will conduct interviews and proceed by motion practice as applicable.”
Prosecutors initially charged Baldwin with involuntary manslaughter as well. That charge was dropped after evidence showed that his Colt .45 may have been modified prior to the shooting, in such a way as to possibly make it fire without pulling the trigger.
The special prosecutors on the case, Kari Morrissey and Jason Lewis, have not ruled out charging Baldwin again, pending the outcome of further testing on the gun.
