The movie gunsmith "Rust" he was probably hungover when he loaded the gun from the accident on the film set, prosecutors say

() — The gunsmith in the movie “Rust” was likely hungover when she loaded a prop gun that, in the hands of actor Alec Baldwin, was fired with a live bullet during rehearsal, fatally striking cinematographer Halyna Hutchins, prosecutors said in a court filing.

Witnesses told investigators that Hannah Gutierrez Reed “drank heavily and smoked marijuana late at night while filming Rust,” prosecutors noted in Friday’s filing.

“It is likely that Defendant Gutierrez was hungover when she inserted a live bullet into a handgun that she knew was going to be used at some point by an actor while filming a scene with other actors and crew members,” prosecutors said in response to a question. petition filed in May by attorneys for Gutierrez Reed to have the charges against him dismissed.

Gutierrez Reed will plead not guilty to two counts of manslaughter in connection with the October 2021 shooting, according to his attorney. The director, Joel Souza, was injured in the shooting on the New Mexico set.

“The prosecution has handled itself so poorly and the case is so weak that they are now resorting to smear tactics to further taint the jury,” Jason Bowles, Gutierrez Reed’s attorney, said in a statement to about Friday’s filing. “This investigation and this prosecution have not been about seeking justice; for them it has been about finding a convenient scapegoat,” Bowles said.

In the motion to dismiss the indictment against Gutierrez Reed, his attorney asserts that “the prosecution’s misconduct in this case began early on and has infected this prosecution throughout,” citing problems with the collection of evidence and conflicts with the prosecution. special prosecutor who resigned in March, among other matters.

A final decision on the charges against Baldwin will be made by August 8, prosecutors said in Friday’s filing.

“The gun and the broken iron were sent to the state’s independent expert for further testing,” prosecutors said. “If it is determined that the weapon did not malfunction, charges will be filed against Mr. Baldwin. The prosecution anticipates making a final charging decision regarding Mr. Baldwin within the next 60 days.”

has contacted Baldwin’s representatives for comment on Friday’s statement.

The manslaughter charges against Baldwin were dismissed in April due to “new facts” in the case, the special prosecutors said, explaining at the time that they could not “proceed under the current time constraints and on the facts and evidence provided by the law enforcement in its current form”.

But the investigation is “active and ongoing,” Kari Morrissey and Jason Lewis noted, adding: “This decision does not clear Mr. Baldwin of criminal guilt and the charges may be re-filed.”

“We are pleased with the decision to dismiss the case against Alec Baldwin and encourage a proper investigation into the facts and circumstances of this tragic accident,” Baldwin’s attorneys, Luke Nikas and Alex Spiro, told at the time.

“It is our full hope that at the end of this process Hannah will also be exonerated,” Gutierrez Reed’s lawyers said in a statement to after the charges against Baldwin were dropped.

Wrongful death lawsuit settled

In an interview with ‘s Chloe Melas in August, Baldwin blamed the shooting on Gutierrez Reed and assistant director Dave Halls, whom he accused of failing to check the gun before it was delivered to him. Through their respective attorneys, both Gutierrez Reed and Halls at the time accused Baldwin of shifting blame onto others.

“Someone, who should have noticed, put a live bullet in the gun,” Baldwin said. “That was Gutierrez Reed’s job. His job was to look at the ammunition and put in the dummy round or the blank round, and there weren’t supposed to be any real rounds on the set.”

“There are two people who didn’t do what they were supposed to do,” he added.

Halls signed a plea agreement on the charge of “negligent use of a deadly weapon.” His lawyer said in August that Baldwin was using him as a scapegoat by deflecting blame from himself.

A New Mexico district judge this month approved a settlement agreement in a wrongful-death lawsuit brought by Hutchins’ family.

The lawsuit, filed against Baldwin, who was also a producer on the film, alleged numerous violations of industry regulations.

Financial details of the deal have not been made public. It sets forth structured annuities that will provide payments to Hutchins’ youngest son when he turns 18 and 22, the court order says.

As part of the deal, the film was to be completed with Hutchins’ widower, Matthew Hutchins, serving as executive producer, according to an October statement from him. Filming for “Rust” resumed in Montana in April, reported.

— ‘s Chloe Melas, Josh Campbell and Kevin Flower contributed to this report.