A sentencing hearing is underway in New Mexico for “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in the 2021 fatal shooting of cinematographer Halyna Hutchins.
Gutierrez’s attorneys asked for probation in a sentencing memorandum filed last week, citing her “complete lack of prior criminal history” and “relative youth.” Prosecutors meanwhile requested a sentence of 18 months with the designation of serious violent offender due to her “extreme recklessness” while working as an armorer on the “Rust” set.
Gutierrez, dressed in tan jail clothes, watched on as Hutchins’ friends addressed the court before the sentence was imposed.
Hutchins’ friend Jen White told the court, “I still look for her. I still expect to see her. I still wonder what adventures she’s on … then my heart drops through my feet.”
“Halyna was a force,” White said.
“She inspired me. And I don’t think she knew that because I never got to tell her. She was one of my favorite people in the world,” White said, as Gutierrez wiped away tears.
White said if Gutierrez “had properly done her job, Halyna would still be alive.”
“I beg you to impose the maximum sentence,” White said to the judge. “She needs to be held accountable.”
“If prison time is the only way she will face any responsibility … it should be for as long as the law allows,” White said.
Joel Souza, who was injured in the shooting that killed Hutchins, told the judge that Hutchins “had a talent for life.”
“She was a touchstone for all who knew her. And those of us who were lucky enough to have shared in her fleeting time on this planet are better for it,” he said.
Hutchins’ close friend and film school classmate, Emilia Mendieta, told the judge, “Someone didn’t do their job right — a lot of someones.”
“Why was a live bullet on set?” Mendieta said. “It was her job to check the guns, check the bullets and make sure that the set was safe.”
“What I want is change and justice,” she said. “I want those that had a hand in her death … to face the consequences.”
The Santa Fe County jury deliberated for under three hours on March 6 before reaching a split verdict. They found her guilty of involuntary manslaughter but acquitted her of tampering with evidence in the case.
Prosecutors told jurors that Gutierrez “repeatedly” failed to maintain proper firearm safety and that her negligence led to the death of Hutchins, who was shot by actor Alec Baldwin, while the defense countered that the 26-year-old is a “convenient scapegoat” during closing arguments in the trial.
Gutierrez was remanded into custody following the verdict.
Defense attorneys filed an emergency motion for a new trial and release last month, arguing that the jury instructions could lead to a non-unanimous verdict. Judge Mary Marlowe Sommer denied the motion.
In their sentencing memorandum, her attorneys argued that Gutierrez “has endured and will continue to endure collateral consequences far harsher than most defendants ever must face.”
“This conviction and press deluge will forever impact her life going forward, including with job prospects, and simply trying to lead a ‘normal’ life again someday,” her attorneys wrote.
Gutierrez feels “incredibly saddened and heartbroken by what happened on that tragic day” on the “Rust” set, they wrote.
Her attorneys asked for a conditional discharge, wherein the court would place her on probation without entering an…
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