ALBUQUERQUE, N.M. (AP) 鈥� The weapons supervisor on the film set where shot and killed a cinematographer was drinking and smoking marijuana in the evenings during the filming of 鈥淩ust,鈥� prosecutors are alleging, saying she was likely hungover when she loaded a live bullet into the revolver that the actor used.
They leveled the accusations Friday in response to a by Hannah Gutierrez-Reed鈥檚 attorneys that seeks to dismiss her involuntary manslaughter charge. The prosecutors accused her of having a history of reckless conduct and argued that it would be in the public interest for her to 鈥渇inally be held accountable.鈥�
Jason Bowles, Gutierrez-Reed鈥檚 attorney, said Tuesday that the prosecution has mishandled the case.
鈥淭he case is so weak that they now have chosen to resort to character assassination claims about Hannah,鈥� Bowles told The Associated Press. 鈥淭he prosecution has abandoned the idea of doing justice and getting to the actual truth apparently.鈥�
A preliminary hearing for Gutierrez-Reed is scheduled in August. A judge is expected to decide then if there鈥檚 probable cause for Gutierrez-Reed鈥檚 charge to move forward.
In the response, the prosecutors also noted that they expected to decide within the next 60 days whether to recharge Baldwin, depending on the results of an analysis of the gun and its broken sear. The items were sent to the state鈥檚 independent expert for further testing.
The involuntary manslaughter charge faced by Baldwin, who also was a producer on the film, was dismissed in April, with prosecutors citing new evidence and the need for more time to investigate.
Baldwin was pointing a gun at cinematographer Halyna Hutchins during a rehearsal on the New Mexico film set in October 2021 when it went off, killing her and wounding the film鈥檚 director, Joel Souza.
Gutierrez-Reed's attorneys had argued in their motion that the prosecution was 鈥渢ainted by improper political motives鈥� and that Santa Fe District Attorney Mary Carmack-Altwies and the initial special prosecutor she appointed, Andrea Reeb, 鈥渂oth used the tragic film set accident that resulted in the death of Halyna Hutchins as an opportunity to advance their personal interests.鈥�
The defense lawyers contend that the permanent damage done to the gun by FBI testing before the defense could examine it amounted to destruction of evidence and a violation of the court鈥檚 rules of discovery. They also argued that the 鈥渟elective prosecution鈥� of Gutierrez-Reed was a violation of the equal protection clause of the U.S. Constitution鈥檚 14th Amendment.
New special prosecutors who were appointed after Reeb stepped down disputed those claims in their response, saying 鈥渘othing about this prosecution has or will be selective.鈥�
The prosecutors also acknowledged the unanswered question of where the live rounds found on set came from, saying they were trying to find out and that the investigation was ongoing. They also suggested there was evidence to support the theory that Gutierrez-Reed herself may be responsible and if so, more charges may follow.
They offered no specifics in the filing as to what that evidence might be.
Susan Montoya Bryan, The Associated Press
