Opening statements of the 'Rust' trial: opposing portraits of Hannah Gutiérrez


On the opening day of the criminal trial of “Rust” gunsmith Hannah Gutierrez, opposition lawyers painted two dramatically different portraits of the embattled 26-year-old gun handler.

Gutierrez could spend up to three years in prison if convicted of involuntary manslaughter and evidence tampering after the accidental shooting death of cinematographer Halyna Hutchins in October 2021 on the set of the Alec Baldwin western that was being filmed nearby. from Santa Fe, New Mexico.

Prosecutors alleged Thursday that Gutierrez failed in his job to ensure there was no live ammunition on the movie set or in Baldwin's gun. They also alleged that she tampered with evidence by giving a small baggie of “suspected cocaine” to a crewmate the night of the shooting. Her defense lawyers responded that Gutiérrez was being made a “scapegoat” for a variety of safety failures in the production.

Jurors sitting in a Santa Fe County courtroom watched graphic video footage of the frantic efforts to save Hutchins minutes after Baldwin accidentally shot him in the chest with a revolver that was being used as a prop.

Santa Fe County Sheriff's Deputy Nicholas LeFleur was the first witness to take the stand. He was the first law enforcement officer to arrive at Bonanza Creek Ranch on October 21, 2021, after a 911 call reporting injuries in a shooting on the set of the low-budget film. Hutchins, a 42-year-old native of Ukraine and a rising star in the film industry, died that same afternoon.

Twelve jurors and four alternates appeared fascinated Thursday by the scenes captured by LeFleur's lapel camera video, which played on monitors located throughout the courtroom, despite several technical glitches that at times interrupted the proceedings. video.

Gutiérrez, sitting at the defendant's table, stoically watched the video. At times, she appeared shaken, Court TV footage showed.

Prosecutors began the first trial of the “Rust” criminal charge attempting to focus attention on the victim, Hutchins.

“She was a gifted and gifted artist, but above all, she was a loving wife and mother,” special prosecutor Jason J. Lewis said in the hushed courtroom.

A family photo of cinematographer Halyna Hutchins, left, with her husband Matthew Hutchins and their son, Andros.

(Hutchins Family / De Panish | Shea | Boyle | Ravipudi LLP)

Gutiérrez has denied the accusations and has pleaded not guilty to the charges against him.

Baldwin, whose trial has not yet been scheduled, was indicted by a grand jury last month on charges of involuntary manslaughter.

Lewis said team members called to testify during Gutierrez's trial, which is expected to last at least two weeks, would describe Gutierrez as “unprofessional” and “careless.” Lewis alleged that he left guns and ammunition unattended on the set.

She also said the gunsmith apparently didn't recognize that she had supposedly brought real bullets from her home in Arizona to the set of the movie “Rust.”

Gutierrez has acknowledged loading Baldwin's .45 Colt revolver on that sunny October day with what she thought were inert “dummy” bullets. She later told investigators that she wished she had done a better job inspecting the rounds. In fact, the gun contained live ammunition.

During a rehearsal in an old wooden church, Baldwin pointed the gun at Hutchins, who wanted to get a close-up camera angle of the gun's muzzle for a tension-building scene in the film. The script called for Baldwin's character, an outlaw named Harland Rust, to prepare for a shootout at the chapel.

That's when his gun fired and Hutchins fell to the hardwood floor. The bullet passed through Hutchins and eventually lodged in director Joel Souza's shoulder. Doctors at a Santa Fe hospital removed him that same day. Souza recovered from his injuries.

During his opening remarks, Lewis showed a photograph from Oct. 10, 2021 that he said showed what appeared to be a live bullet resting in a tray containing dozens of fake bullets. The image was taken 11 days before the shooting, and Lewis suggested this could be evidence that real bullets had been on the set since filming began in early October.

“A total of six live bullets were ultimately found on the set,” Lewis said. “Six.”

“This defendant was unprofessional and failed to perform the essential safety functions of the job,” Lewis said. “As a direct result of her failures, Ms. Gutierrez caused the death of Ms. Hutchins.”

For his part, Gutiérrez's lead attorney, Jason Bowles, questioned whether the photo of the bullet tray provided any evidence.

“You can't tell a real bullet from a simulated one from an image,” Bowles said, noting that individual simulated bullets have different characteristics.

Bowles said the evidence would show that Gutierrez tried her best to do a good job, but was pulled in different directions, struggling to perform two essential jobs: gunsmith and assistant prop master.

Gutiérrez was responsible for more than a dozen weapons and ammunition. He was also tasked with finding historical props to represent the film's setting in the 1880s. One day, he was even tasked with “rolling cowboy cigarettes,” Bowles said.

“She didn't have enough time to do her gunsmithing duties because she was also forced to make accessories,” Bowles said. “The management made several mistakes and did not create the right atmosphere.”

Producers and prosecutors “want to make her a scapegoat,” Bowles said.

Hannah Gutierrez with attorney Jason Bowles

Hannah Gutierrez, left, with her attorney Jason Bowles, leave First District Court on Wednesday. Gutierrez's trial began Thursday morning in Santa Fe, New Mexico.

(Eddie Moore / Albuquerque Diary)

The New Mexico Office of Occupational Safety and Health has cited the producers of “Rust” for failing to ensure the set was a safe workplace, evidence that Bowles said was key to finding blame for the tragic accident.

“What they're trying to do, and what you're seeing in this courtroom today, is try to blame everything on Hannah, the 24-year-old,” Bowles said. “Why? Because she's an easy target. She was the least powerful person on that set.”

It will be up to the jury (seven men and five women) to decide whether special prosecutors proved Gutierrez was responsible for Hutchins' death beyond a reasonable doubt.

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