Current:Home > Contact-usJudge denies motion to dismiss charges against 'Rust' armorer Hannah Gutierrez-Angel Dreamer Wealth Society D1 Reviews & Insights
Judge denies motion to dismiss charges against 'Rust' armorer Hannah Gutierrez
View Date:2024-12-23 23:43:24
A New Mexico judge has denied "Rust" armorer Hannah Gutierrez's motion to dismiss the charges stemming from the fatal on-set shooting.
Gutierrez was charged with two counts of involuntary manslaughter in the death of cinematographer Halyna Hutchins, who was shot by actor Alec Baldwin on the Santa Fe set in October 2021. She also faces an additional charge of tampering with evidence, with state prosecutors claiming she handed off a small bag of cocaine following her interview with police the day of the shooting.
MORE: Attorneys file motion to dismiss case against 'Rust' armorer
Defense attorneys sought to dismiss the charges, arguing there were jurisdictional and structural issues with the case tied to a change in prosecutors and alleged prejudicial statements made to the media.
State District Court Judge Mary Marlowe Sommer denied the motion during a virtual hearing on Tuesday, saying any jurisdictional issues were cured after prosecutors filed an amended criminal information. The judge also said the defense failed to demonstrate "actual and substantial prejudice" to warrant such an "exceptional" remedy as dismissing the charges, and that extrajudicial statements are not something "that need to be addressed at this point."
"This is at the preliminary stage," the judge said. "For you to say you've basically tainted a jury -- we're not even there yet."
Gutierrez is scheduled to next appear in court on Aug. 9 for a preliminary hearing.
Prosecutor Kari Morrissey said during Tuesday's hearing that the defense was asking for "more time to prepare for a preliminary hearing," and that if the charges were dismissed she could be ready to file a new criminal information "by the end of the day."
MORE: 'Rust' armorer accused of handing off bag of cocaine after deadly on-set shooting
Defense attorney Jason Bowles countered that he was not trying to buy more time. "My intent is that the whole proceeding not be infected with jurisdictional and structural error," he said.
The judge was also scheduled to consider a motion filed by the state seeking to protect the identity of a witness who claimed Gutierrez "transferred a small bag of cocaine" to them after she returned from her interview at the police station on the day of the shooting.
During the hearing, Morrissey said they are withdrawing the motion for the protective order after consulting with the witness Monday night. The witness has agreed not to pursue a protective order, Morrissey said.
veryGood! (415)
Related
- Inspector general finds no fault in Park Police shooting of Virginia man in 2017
- More than 100 dolphins found dead in Brazilian Amazon as water temperatures soar
- Selma Blair joins Joe Biden to speak at White House event: 'Proud disabled woman'
- Week 5 injury tracker: Chargers' Justin Herbert dealing with fractured finger
- Bodyless head washes ashore on a South Florida beach
- Facebook and Instagram users in Europe could get ad-free subscription option, WSJ reports
- US Rep. Henry Cuellar of Texas carjacked by three armed attackers about a mile from Capitol
- Saudi soccer team refuses to play in Iran over busts of slain general, in potential diplomatic row
- Should Georgia bench Carson Beck with CFP at stake against Tennessee? That's not happening
- National Democrats sue to block Wisconsin’s absentee voting witness requirements
Ranking
- 12 college students charged with hate crimes after assault in Maryland
- Rep. Matt Gaetz files resolution to oust Kevin McCarthy as speaker of the House
- Charlotte Sena Case: Man Charged With Kidnapping 9-Year-Old Girl
- Hunter Biden returns to court in Delaware and is expected to plead not guilty to gun charges
- Why Officials Believe a Missing Kayaker Faked His Own Death and Ran Off to Europe
- Why Pregnant Jessie James Decker Is Definitely Done Having Kids After Baby No. 4
- UN envoy calls for a ‘unified mechanism’ to lead reconstruction of Libya’s flood-wrecked city
- 'It breaks my heart': Tre'Davious White's injury is a cruel but familiar reminder for Bills
Recommendation
-
Early Black Friday Deals: 70% Off Apple, Dyson, Tarte, Barefoot Dreams, Le Creuset & More + Free Shipping
-
Parents will stand trial in 2021 Michigan school shooting that killed 4 students
-
Chanel takes a dip: Viard’s spring show brings Paris stalwart down to earth
-
Parents will stand trial in 2021 Michigan school shooting that killed 4 students
-
Tom Brady Shares How He's Preparing for Son Jack to Be a Stud
-
Enchanted Fairies promises magical photoshoots. But some families say it's far from dreamy
-
Nobel Prize in medicine goes to Drew Weissman of U.S., Hungarian Katalin Karikó for enabling COVID-19 vaccines
-
Shoppers flee major shopping mall in Bangkok after hearing reports of gunshots