SANTA FE, N.M. (NewsNation) — A New Mexico judge ruled on Friday that the armorer convicted in the deadly “Rust” movie set shooting can be called to testify against actor Alec Baldwin when he heads to trial on an involuntary manslaughter charge next month.
Prosecutors had sought a court order for Hannah Gutierrez-Reed to testify and be given immunity against related prosecution. Gutierrez-Reed was convicted in March of involuntary manslaughter after a prop gun Baldwin was holding fired and fatally shot cinematographer Halyna Hutchins. Director Joel Souza was injured during the incident, but survived.
Baldwin maintains he pulled back the gun’s hammer but did not pull the trigger.
Because of his his authority as a co-producer and the lead actor on “Rust,” Baldwin figured prominently at that previous trial of Gutierrez-Reed, which highlighted gun safety protocols.
“The jury should hear all of the information Ms. Gutierrez has regarding Mr. Baldwin, both exculpatory and inculpatory,” special prosecutors Mari Morrissey and Erlinda Johnson said in court filings. “Counsel for both sides should be permitted to fully cross-examine Ms. Gutierrez.”
Baldwin and Gutierrez-Reed both opposed efforts to compel her testimony.
Another dismissal attempt — why?
In addition, Baldwin’s defense team is trying to get his case thrown out despite the judge previously denying a motion to dismiss his involuntary manslaughter charge.
Baldwin’s lawyers claim they’re at a disadvantage because the state was withholding thousands of files, documents and evidence for months that could have helped their argument.
The 66-year-old, Emmy-winning actor’s trial is set to start next month.
Prosecutors plan to present evidence at trial that they say shows the firearm “could not have fired absent a pull of the trigger” and was working properly before the shooting.
Baldwin has denied all charges. If convicted, he faces a maximum sentence of 18 months in prison.
What is the new evidence prosecutors want introduced?
Prosecutors are preparing to paint a damaging picture of the actor, saying Baldwin asked to be assigned the “biggest gun available” prior to filming. He also allegedly fired a blank round at the crew, used a gun as a pointer and was reckless with firearms on set in the days and final minutes before the gun went off.
In one video, prosecutors say Baldwin can be seen “engaging in horseplay with his gun.” In another, he allegedly used his gun as a pointer and even fired his gun after “cut” was called and the scene was to stop.
Prosecutors also claim Baldwin was “inattentive” during firearms training; instead, he was distracted by texting and FaceTiming family members among other “erratic and aggressive behavior.”
Baldwin’s lawyers claim the state didn’t disclose some of this evidence in time, claiming they were intentional or careless. They want the judge to dismiss the indictment or preclude all of the “testimony, evidence and argument related to the contention that Baldwin must have pulled the trigger.”
Last year, special prosecutors dismissed an involuntary manslaughter charge against Baldwin, saying they were informed the gun might have been modified before the shooting and malfunctioned. But, they pivoted after receiving a new analysis of the gun and successfully pursued a grand jury indictment.
The Associated Press contributed to this report.