Rust weapons supervisor files motion to dismiss involuntary manslaughter charge

Attorneys representing Hannah Gutierrez-Reed, the weapons supervisor on the set of the film Rust where actor-producer Alec Baldwin accidentally shot and killed a cinematographer, have filed a motion to dismiss her involuntary manslaughter charge, reported Associated Press. The motion, filed in Santa Fe County court, argues that the prosecutors lacked the authority to bring the charge, that the investigation was flawed, and that Gutierrez-Reed's due process rights were violated.

In October 2021, Baldwin was rehearsing a scene when the gun he was holding discharged, resulting in the death of cinematographer Halyna Hutchins and injury to the film's director, Joel Souza.

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In January of this year, both Baldwin and Gutierrez-Reed were charged with involuntary manslaughter. However, Baldwin's charge was dropped last month by new special prosecutors who cited new evidence and the need for further investigation.

The recent filing claims that Gutierrez-Reed's prosecution was influenced by improper political motives, suggesting that the district attorney and the initial special prosecutor exploited the tragic accident to advance their personal interests. The motion argues that both individuals lacked the authority to bring charges according to New Mexico law, as a district attorney is prohibited from remaining on a case once a special prosecutor is assigned. It also asserts that the appointment of the initial special prosecutor, a state legislator, violated separation of powers law.

Also Read:Alec Baldwin freed of criminal charges in Rust film set shooting case

The defence attorneys further argue that the FBI's testing of the gun caused permanent damage before the defence could examine it, constituting evidence destruction and a violation of discovery rules. They claim that the investigation was conducted sloppily and that overly aggressive charging decisions were made.

The motion also contends that Gutierrez-Reed's "selective prosecution" violates the equal protection clause of the 14th Amendment of the US Constitution. New special prosecutor Kari Morrissey is expected to file a response to the motion.

In March, the film's safety coordinator and assistant director pleaded no contest to a conviction for unsafe handling of a firearm and received a suspended sentence of six months of probation. Rusthas since resumed shooting and is seeking international buyers at the Cannes Film Festival.

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