By Brad Brooks
(Reuters) – A New Mexico state judge denied a prosecutor’s request on Wednesday that the armorer for the movie “Rust” submit to random drug testing.
During Hannah Gutierrez-Reed’s court appearance on the felonies she faces, First Judicial District Court Judge Mary Marlowe Sommer said prosecutors had not presented any evidence that would persuade her to order the drug testing.
Gutierrez, 25, faces charges of involuntary manslaughter and tampering with evidence over the on-set shooting death of cinematographer Halyna Hutchins in 2021, who died from a gunshot after Gutierrez said she mistakenly loaded a live round into a revolver actor Alec Baldwin was rehearsing with, according to a transcript of a police interview.
The tampering with evidence charge stems from prosecutors’ accusations that Gutierrez allegedly transferred cocaine to an unnamed person to dispose of evidence on the day that Hutchins was killed.
Gutierrez’s lawyer, Jason Bowles, has said she will plead not guilty to both counts. Gutierrez was not required to enter a plea Wednesday. During the hearing the judge advised Gutierrez of her rights and formally told her of the charges she faces.
In requesting drug testing during the hearing, prosecutor Kari Morrissey noted that the defendant was allowed to possess a firearm as a condition of her release. It is a crime under federal law for “unlawful” drug users to own guns.
Bowles, Gutierrez’s attorney, said the prosecution had presented no evidence showing his client was a drug user.
Gutierrez is the only person still facing charges for Hutchins’ death after prosecutors dismissed charges against Baldwin and reached a plea agreement with first assistant director Dave Halls.
Gutierrez’s next court appearance was scheduled Aug. 1.
(Reporting by Brad Brooks in Lubbock, Texas; Editing by Donna Bryson and Daniel Wallis)
