A New Mexico judge on Friday denied prosecutors' request to grant immunity to a convicted "Rust" film armorer and compel her to testify at actor-producer Alec Baldwin's involuntary manslaughter trial for the fatal on-set shooting of a cinematographer.

'Rust' Armorer Can't Be Forced To Testify Against Baldwin : Judge's Ruling

First Judicial District Judge Mary Marlowe Sommer ruled against the state, noting that armorer Hannah Gutierrez-Reed had consistently invoked her Fifth Amendment right against self-incrimination and refused to answer questions during a pretrial interview. Despite special prosecutor Kari Morrissey's argument that the court could grant Gutierrez-Reed immunity to testify and hold her in contempt if she refused to answer questions, the judge rejected the request. Judge Sommer expressed reluctance to conduct a "mini trial within a trial" over the armorer's refusal to testify at Baldwin's trial, which is set to begin on July 9. She stated that the state could call other witnesses to provide similar testimony.

'Rust' Armorer Can't Be Forced To Testify Against Baldwin : Background of the Case

The incident occurred on the set of the Western movie "Rust" in 2021 when Baldwin was holding a pistol that discharged, killing cinematographer Halyna Hutchins. Gutierrez-Reed, the film's armorer responsible for overseeing the guns and ammunition, mistakenly loaded a live bullet into Baldwin's pistol. Convicted of involuntary manslaughter in March, Gutierrez-Reed is serving an 18-month prison sentence while appealing her conviction.

Prosecutors allege Baldwin rushed crew members, ignored basic gun and film safety rules, and created an unsafe on-set environment leading to Hutchins' death. Baldwin denies any wrongdoing, claiming he did not know the gun was loaded with a live bullet and denies pulling the trigger.

Other Court Rulings

In a separate ruling on Friday, Judge Sommer denied Baldwin's motion to exclude some state witnesses, including "Rust" boom operator Zac Sneesby. Prosecutors assert that Sneesby witnessed the shooting and will testify that he saw Baldwin pull the trigger. Baldwin's attorneys argued that the state’s late disclosure of Sneesby and other witnesses was intended to prevent Baldwin from preparing for trial, but the judge found no prejudice against Baldwin.

Judge Sommer may also rule on Baldwin's motions to dismiss his indictment. His attorneys argue that the state cannot prove Baldwin knew the gun was loaded with live ammo and that the case should be dismissed because the gun was damaged during forensic tests.

Gutierrez-Reed's Potential Testimony

Prosecutors had anticipated Gutierrez-Reed would testify that Baldwin was difficult to control on the "Rust" set and largely ignored gun safety training. This is consistent with what she told law enforcement and state occupational safety and health investigators shortly after the shooting. Prosecutors warned that if Gutierrez-Reed is not compelled to testify, Baldwin's attorneys might introduce her previous statements to investigators, which could benefit Baldwin. For instance, she expressed regret for not thoroughly checking Baldwin's gun before the shooting. If introduced, the state would not be able to cross-examine her at trial.

Gutierrez-Reed's refusal to testify stems from her concern about incriminating herself in the shooting case, particularly as she is pursuing an appeal that could grant her a new trial. Additionally, she faces a separate criminal charge for allegedly sneaking a gun into a bar.

'Rust' Armorer Can't Be Forced To Testify Against Baldwin : Legal Representation

The state is represented by Kari Morrissey, Jason J. Lewis, and Erlinda O. Johnson. Baldwin's defense team includes Luke Nikas, Alex Spiro, John Bash, and Sara C. Clark of Quinn Emanuel Urquhart & Sullivan LLP, and Heather M. LeBlanc of LeBlanc Law.