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'Rust' armorer's sentence should be 'wake-up call' for Alec Baldwin, law expert says

Jami Ganz, New York Daily News on

Published in News & Features

Alec Baldwin should be concerned after “Rust” armorer Hannah Gutierrez received the maximum sentence for her role in the October 2021 on-set death of the Western’s cinematographer Halyna Hutchins, according to a legal expert.

Baldwin, 66, will stand trial in July for involuntary manslaughter, having inadvertently fired the live round that killed 42-year-old Hutchins and injured director Joel Souza on the set near Santa Fe.

Gutierrez, 26, who was in charge of the weapons on set, was convicted of the same charge last month and this week was sentenced to 18 months behind bars — the maximum sentence, which Baldwin also faces.

That sentence should serve as a “wake-up call” for the Emmy winner, who was starring in and producing the film, as legal expert and former L.A. Deputy District Attorney Emily D. Baker told People.

“The court is taking these cases very seriously,” said Baker, who is not involved with Baldwin’s case. “And not only did she get 18 months, but she got 18 months as a serious and violent felony, which means she will have to serve 85% of that time.”

That part is even more notable, said Baker, as Gutierrez has no prior convictions and both cases will have been presided over by New Mexico judge Mary Marlowe Sommer.

Baldwin, who has pleaded not guilty and denies wrongdoing, was initially charged in January 2023, only for the charges to be dropped in the spring. He was indicted again this January.

Last October, just before the two-year anniversary of Hutchins’ death, prosecutors said they intended to bring the case against Baldwin to a grand jury.

 

He was offered a plea deal that would have resulted in six months of unsupervised probation for misdemeanor handling of a firearm, a $500 fine, 24 hours of community service and a mandated gun safety class. However, the prosecution rescinded the offer upon learning Baldwin was working on a documentary, for which they claim he was “actively pressuring material witnesses … to submit interviews.”

While it’s unclear whether Baldwin will once again be offered a plea deal, let alone one with similar terms, Baker noted that his and Gutierrez’s cases are ultimately “different.”

“The jury came back saying that Hannah not only was completely negligent, reckless in doing her job, but that she brought the live rounds onto set,” said Baker. “But if the prosecution can show that Baldwin pulled the trigger, I don’t know how much sympathy a jury is going to have for him.”

While responding last week to Baldwin’s lawyers’ motion to drop the charges against him, special prosecutors Kari T. Morrissey and Jason J. Lewis said he displayed a “complete lack of concern for the safety of those around him” on set.

They also reportedly accused Baldwin of having had “absolutely no control of his own emotions” and “that it was this exact conduct that contributed to safety compromises on set.”

Neither Baldwin’s nor Gutierrez’s legal teams immediately responded to the Daily News’ requests for comment.

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