Rust armorer challenges conviction in fatal shooting of cinematographer by Alec Baldwin

Hannah Gutierrez Reed, the armorer on the set of the film “Rust,” where cinematographer Halyna Hutchins was fatally shot by Alec Baldwin, is seeking a new trial and release from jail.

Gutierrez Reed’s attorneys filed a motion on Friday, March 15, 2024, citing a recent New Mexico Supreme Court ruling in another case.

Gutierrez Reed was convicted on March 6 for negligently loading a live bullet into Baldwin’s gun, leading to Hutchins’ death.

She faces up to 18 months in prison and has been held at the Santa Fe County Adult Detention Facility since her conviction, awaiting her April 15 sentencing.

In the motion, her attorneys, Jason Bowles and Monnica Barreras, argued that a state Supreme Court opinion issued on Thursday, March 21, indicates that her conviction is likely to be overturned.

They focused on the jury instructions, which allowed jurors to find Gutierrez Reed guilty if they believed she loaded live ammunition into Baldwin’s gun and/or failed to properly check the ammunition.

The defense contends that the use of “and/or” in the jury instructions could have led to a conviction even if jurors were not unanimous on either act. The recent court ruling criticized the use of “and/or” in jury instructions, suggesting that it could lead to confusion and ineffective verdicts.

Bowles and Barreras believe that this ruling increases the likelihood of a new trial for Gutierrez Reed. They argue for her release while the appeal is pending, citing several other issues they plan to address in their appeal.

Prosecutor Kari Morrissey declined to comment on the motion.

Meanwhile, Baldwin’s lawyers have also challenged the jury instructions used in his indictment for involuntary manslaughter, alleging prosecutorial abuses. His trial is scheduled for July 2024.