New Mexico judge allows drug-related charge in 'Rust' armorer trial

Hannah Gutierrez, chief weapons handler for the film "Rust," will face a drug-related charge as part of her manslaughter trial next week in the 2021 fatal on-set shooting of the movie's cinematographer, a New Mexico judge ruled Wednesday.

Hannah Gutierrez, chief weapons handler for the film "Rust," will face a drug-related charge as part of her manslaughter trial next week in the 2021 fatal on-set shooting of the movie's cinematographer, a New Mexico judge ruled Wednesday. New Mexico District Court Judge Mary Marlowe Sommer denied Gutierrez' request to exclude from the trial an evidence-tampering charge for allegedly giving her cocaine to another crew member after the shooting in an attempt to prevent police from finding it.

Prosecutors contend Gutierrez' judgment was impaired on the day of the shooting by her use of marijuana, cocaine and alcohol in the evenings after filming. They claim this led her to mistakenly load a live round into actor Alec Baldwin's gun. A gun he was holding fired the bullet that killed cinematographer Halyna Hutchins while rehearsing a scene. Live rounds are strictly forbidden on movie sets. Baldwin has pleaded not guilty to a charge of involuntary manslaughter. His trial date has not yet been set. Gutierrez' trial starts Feb. 21 in Santa Fe. She faces three felony charges -- involuntary manslaughter, evidence tampering and carrying a firearm into a bar.

Her lawyer has said she intends to plead not guilty to involuntary manslaughter. If she is found guilty of all three charges, she could face over four years imprisonment, legal experts said. Prosecutors said they did not have drug tests or evidence beyond witness statements to back up the drug allegations.

Prosecutors allege Gutierrez brought the live rounds on set at the start of the production in an ammunition box mixed with inert, dummy rounds. Her lawyer Jason Bowles claimed the live rounds may have been planted on set by disgruntled crew members or brought by a props supplier.

Also Wednesday, Marlowe rejected a request by prosecutors to exclude from evidence a state worker safety investigation that found the movie's production company showed "plain indifference" to safety hazards ranging from weapons mishandling to accidental firearms discharges on set. (Reporting By Andrew Hay; editing by Donna Bryson, William Maclean and Cynthia Osterman)

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