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Fox News
Fox News
24 Feb 2023


The idea was opposed by the prosecution due to Gutierrez-Reed's "sloppy mishandling" of a firearm on the set of "Rust." However, the judge ruled Gutierrez-Reed would be allowed to have a firearm at her residence for her protection.

Gutierrez-Reed - who was charged with two counts of involuntary manslaughter in connection to the death of cinematographer Halyna Hutchins -was released on her own recognizance. 

The armorer was told not to contact any witnesses that may testify in the case or at the preliminary hearing. 

The prosecution also explained during the hearing they may file a motion for a 60-day extension for the preliminary hearing. Gutierrez-Reed's lawyer said he was okay with an additional 60 days.

The preliminary hearing will be in-person, and the judge will set a status hearing via Google Meet to discuss scheduling of the preliminary hearings.

ALEC BALDWIN PLEADS NOT GUILTY IN FATAL ‘RUST' SHOOTING

Hannah Gutierrez-Reed worked as the armorer on "Rust."

Hannah Gutierrez-Reed worked as the armorer on "Rust." (AP Photo / Jae C. Hong  |   instagram)

Hutchins died on Oct. 21, 2021, after a gun that Alec Baldwin was holding fired on the New Mexico set of "Rust." The actor waived his first appearance, which legal experts explained is a "routine court proceeding."

Baldwin pleaded not guilty to his charges on Thursday. Assistant director David Halls, who also handled the gun on set, agreed to plead guilty to negligent use of a deadly weapon. Halls also waived his first appearance.

A legal expert told Fox News Digital that Gutierrez-Reed's case is not as strong as Baldwin's defense.

"There is liability on that set – criminal liability for this death," former New York City homicide trial prosecutor Michael Farkas said. "I think the armorer's case is far weaker than Mr. Baldwin's."

Gutierrez-Reed will not return to "Rust" as filming is set to resume over a year after the death of the cinematographer, Fox News Digital has learned. However, Baldwin will continue to star in the lead role for the western, which will now film in Montana. No real weapons or ammunition will be used on the set.

Up next for Baldwin and Gutierrez-Reed in the legal process is the preliminary hearing. No date has been set yet. A preliminary hearing typically occurs in lieu of a grand jury. The judge will decide if there is probable cause or sufficient evidence to move forward with the charges against Baldwin.

"The preliminary hearing will be a gut check for the court on whether to let this case proceed," celebrity criminal defense attorney Duncan Levin told Fox News Digital.

The standard at a preliminary hearing is much lower than the standard at a trial, according to experts. However, Baldwin's preliminary hearing might look different, Farkas explained.

"There is such a significant question of law in this case as to whether Mr. Baldwin's acts constituted a crime that his defense team is going to be making – which would not commonly be done at this stage – a strong and aggressive push to convince the judge that even under the very low standard of a preliminary hearing, that there is insufficient evidence that a crime was committed," he told Fox News Digital.

Alec Baldwin photographed on the set of "Rust" following the fatal shooting.

Alec Baldwin photographed on the set of "Rust" following the fatal shooting. (Santa Fe County Sheriff's Department)

Levin noted that there will likely be several motions filed on behalf of Baldwin moving forward, including a request to dismiss the case entirely and possibly a change of venue.

The prosecution has accused Baldwin of acting with "willful disregard" for the safety of others on the set of "Rust" in 2021. The actor allegedly skipped safety meetings, was distracted by his phone during a firearms training and handled the gun improperly, according to court documents filed by the prosecution.