'Rust' armorer Hannah Gutierrez has shown no 'genuine remorse' for deadly shooting in jail calls, prosecutors claim

The state is seeking an 18-month sentence for involuntary manslaughter.

April 12, 2024, 11:32 PM

"Rust" armorer Hannah Gutierrez has shown no "genuine remorse" and has failed to accept responsibility for her actions in the fatal on-set shooting in jail calls made following her conviction, prosecutors claim in a new filing ahead of her sentencing.

Gutierrez, 26, is set to be sentenced on Monday for involuntary manslaughter in the 2021 fatal shooting of cinematographer Halyna Hutchins. Actor Alec Baldwin was practicing a cross-draw on the New Mexico set when the Colt .45 revolver fired a live round, striking Hutchins and director Joel Souza, who suffered a non-life-threatening injury. Prosecutors argued during the trial that Gutierrez "repeatedly" failed to maintain proper firearm safety and that her negligence led to Hutchins' death.

The Santa Fe County jury deliberated for under three hours on March 6 before reaching a split verdict. They found Gutierrez guilty of involuntary manslaughter but acquitted her of tampering with evidence in the case. She has been in custody since the verdict and faces up to 18 months in prison for the felony conviction.

In a sentencing memorandum filed this week, her attorneys asked for a conditional discharge, wherein the court would place her on probation without entering an adjudication of guilt. They cited her "complete lack of prior criminal history" and "relative youth" and argued that Gutierrez "has endured and will continue to endure collateral consequences far harsher than most defendants ever must face."

Gutierrez feels "incredibly saddened and heart broken by what happened on that tragic day" on the "Rust" set, her attorneys wrote.

PHOTO: Hannah Gutierrez-Reed, former armorer for the movie "Rust," listens to closing arguments in her trial at district court on March 6, 2024 in Santa Fe, New Mexico.
Hannah Gutierrez-Reed, former armorer for the movie "Rust," listens to closing arguments in her trial at district court on March 6, 2024 in Santa Fe, New Mexico.
Luis Sanchez Saturno/Getty Images

In a response filed on Friday, prosecutors said they opposed a conditional discharge due to Gutierrez's "complete and total failure to accept responsibility for her actions." They argued that her jail calls since being incarcerated demonstrated that she "continues to deny responsibility and blame others," including the paramedics who attempted to save Hutchins.

Prosecutors claim she has complained about the negative effects of the incident during the calls "while never expressing genuine remorse at any time." Gutierrez reportedly referred to the jurors in her trial as "idiots" and "a-------" and complained about the length of time they deliberated for, according to summaries of the jail calls provided by prosecutors.

Gutierrez purportedly discussed her upcoming sentencing hearing on the jail calls, according to the state's filing.

"Stunningly, Ms. Gutierrez requested during jail calls that her legal team request that Ms. Hutchins' husband and son be contacted and asked to speak on her behalf at her sentencing," prosecutors wrote.

The state asked that Gutierrez be sentenced to 18 months with a designation of serious violent offender due to her "extreme recklessness" while working as an armorer on the "Rust" set. If the court found that a suspended or deferred sentence was appropriate, they requested five years probation.

ABC News has reached out to her attorneys for comment on the state's latest filing.

Defense attorneys filed an emergency motion for a new trial and Gutierrez's release from custody last month, arguing that the jury instructions could lead to a non-unanimous verdict. Judge Mary Marlowe Sommer denied the motion.

Baldwin has also been charged with involuntary manslaughter in Hutchins' death. His trial is scheduled to start in July.

His attorneys last month filed a motion to dismiss the charge, accusing prosecutors of "unethical disparagement" of the actor and "violating nearly every rule in the book" to secure a grand jury indictment.

Marlowe Sommer has yet to rule on the motion.

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