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Prosecutors now allege that the weapons supervisor on the "Rust" set was hungover.  During the filming, Alec Baldwin accidentally shot and killed a cinematographer. The claim is that Hannah Gutierrez-Reed, who worked as the armorer, was hungover and engaged in substance use during the filming.

 The prosecutors responded to a motion filed by Gutierrez-Reed's defense team, seeking to dismiss her involuntary manslaughter charge. And accuse her of a history of reckless conduct and emphasized the importance of holding her accountable for her actions.

Her attorney, Jason Bowles, criticized the prosecution's handling of the case, stating that they had resorted to character assassination. And weren’t seeking justice and the truth. Bowles expressed confidence in the weakness of the prosecution's case.

Rust set evidence damaged

A preliminary hearing for Gutierrez-Reed has been scheduled for August, during which a judge will determine if there is sufficient evidence to move forward with her charges. 

Prosecutors announced their intention to decide within the next 60 days whether to recharge Alec Baldwin, based on the results of an analysis of the gun and its broken sear conducted by an independent expert.

Alec Baldwin, who was also a producer on the film, had his involuntary manslaughter charge dismissed in April due to new evidence and the need for further investigation. 

The incident occurred during a rehearsal on the New Mexico film set in October 2021 when Baldwin unintentionally discharged the firearm, tragically killing cinematographer Halyna Hutchins and injuring director Joel Souza.

Gutierrez-Reed's defense team alleged that the prosecution had political motives and criticized Santa Fe District Attorney Mary Carmack-Altwies and the initial special prosecutor, Andrea Reeb, for exploiting the accident to serve their personal interests.

 The defense further argued that FBI testing on the gun, conducted without their involvement, resulted in permanent damage to the weapon, potentially destroying crucial evidence and violating court rules.

The new special prosecutors appointed after Reeb's departure disputed these claims, asserting that there had been no selective prosecution and that the case was handled impartially. They also addressed the mystery of the live rounds found on the set, stating that the investigation was ongoing to determine their origin. The possibility that Gutierrez-Reed herself may be responsible for their presence was raised, hinting at the potential for additional charges.