Attorneys for “Rust” armorer Hannah Gutierrez Reed asked on Wednesday that she be sentenced to probation for her role in the accidental death of the film’s cinematographer.
Gutierrez Reed is due to be sentenced on Monday on a charge of involuntary manslaughter for negligently loading a live bullet into Alec Baldwin’s gun. She faces a maximum of 18 months in prison.
In a memo to the court on Wednesday, her lawyers argued that Gutierrez Reed has already suffered from a “press deluge” surrounding the case, and that her life will be forever altered regardless of the judge’s sentence.
The defense also argued that Gutierrez Reed has wanted to express her “deep sadness” to the family of cinematographer Halyna Hutchins, but that pending legal proceedings have prevented her from doing so. Joel Souza, the film’s director, was also wounded in the shooting.
“The tragic series of events that unfolded that day destroyed and altered many people’s lives, including Ms. Gutierrez Reed’s,” wrote the defense lawyers, Jason Bowles and Monnica Barreras.
Gutierrez Reed, 26, was convicted after a two-week trial in which prosecutors argued that she was responsible for egregious lapses on gun safety on set. The prosecution showed evidence that she left guns and ammunition unattended and failed to reprimand actors who were horsing around with guns between takes.
The prosecutors also showed evidence that Gutierrez Reed was responsible for the fatal error of inadvertently bringing six live bullets to set, mixed among dummy rounds.
Kari Morrissey, the lead prosecutor, noted that immediately after the shooting, Gutierrez Reed repeatedly expressed concern about the effect it would have on her career.
Several of Gutierrez Reed’s friends wrote letters to the judge, in which they testified to her character and stated that she feels deep remorse.
Donna Kay Cotten told the judge that Gutierrez Reed is “extremely remorseful for what happened to Halyna and Joel, and her part in the tragedy.”
“She has told me, many times, ‘I wish I checked them better,’” Cotten wrote.
Gutierrez Reed was offered a lenient plea deal before trial, provided she would accept responsibility for bringing the live rounds to the set. In the letter, Cotten said that Gutierrez Reed sought to have that provision removed from the agreement.
“Since she did not bring them on set, and did not know how they got there, Hannah did not feel right in taking the plea deal and lying to the court,” Cotten wrote. “In our discussions, I told her that I don’t believe I would have made the same decision… Her response was I just can’t lie to the court, and I will put my fate in the hands of the jury.”
Gutierrez Reed has been held at the Santa Fe Adult Detention Facility since March 6, when the jury returned a guilty verdict after less than three hours of deliberations. The jurors also acquitted her of a separate charge of tampering with evidence, which could have added another 18 months to her sentence.
The defense plans to appeal the conviction.
