'Rust' armorer Hannah Gutierrez seeks new trial after dismissal of Alec Baldwin case

ByJolie Lash and Meredith Deliso ABCNews logo
Wednesday, July 17, 2024
Rust armorer Hannah Gutierrez seeks new trial after dismissal of Alec Baldwin case
Lawyers for Rust armorer Hannah Gutierrez filed an expedited motion for a new trial or dismissal of the case against her.

Lawyers for "Rust" armorer Hannah Gutierrez on Tuesday night filed an expedited motion in the Santa Fe First Judicial District Court of New Mexico for a new trial or dismissal of the case against her, just days after the judge dismissed the case against Alec Baldwin. In the filing, Gutierrez's lawyers are asking the court to grant a new trial or a dismissal based on what they call "severe and ongoing discovery violations by the State."

Gutierrez, who was the armorer on the set of "Rust," was found guilty in March of involuntary manslaughter in the fatal on-set shooting of cinematographer Halyna Hutchins.

She was sentenced a month later to 18 months in prison.

Gutierrez appealed her conviction in May, but the dramatic end to Baldwin's trial last week prompted Tuesday afternoon's filing.

In a stunning turn of events, a New Mexico judge dismissed Baldwin's case last Friday, on day three of his manslaughter trial.

RELATED: 'Rust' armorer accused of handing off bag of cocaine after deadly on-set shooting

The judge granted the defense's motion to dismiss the case, in which they claimed live ammunition that came into the hands of local law enforcement related to the investigation into the deadly on-set shooting was "concealed" from them.

Judge Mary Marlowe Sommer said the state's discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence "injected needless delay into the proceedings," approached "bad faith" and was "highly prejudicial to the defendant."

"There is no way for the court to right this wrong," Sommer said in granting the motion to dismiss with prejudice, meaning Baldwin cannot be tried again on the charge.

Gutierrez's legal team said in their filing Tuesday that Baldwin's case "exposes extreme misconduct."

ABC News was not able to immediately reach a representative for the district attorney's office.

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