A constant drumbeat of safety errors during the filming of Rust culminated in the death of cinematographer Halyna Hutchins, prosecutors have told jurors during closing arguments, urging them to convict the film's weapons handler in Hollywood's first on-set fatal shooting in nearly 30 years.
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Ten days of testimony in the trial of Hannah Gutierrez have focused on whether the young, relatively inexperienced armourer endangered fellow crew and cast members in her handling and supervision of firearms on the low-budget production set in New Mexico.
Just after lunch on October 21, 2021, Gutierrez mistakenly loaded a live round into a reproduction Colt .45 revolver that actor Alec Baldwin was using inside a movie-set church outside Santa Fe.
Baldwin cocked the gun, pointed it toward the camera, and it fired, killing Hutchins and wounding director Joel Souza. Baldwin denies having pulled the trigger. His own manslaughter trial is set for July 10.
"This case is about constant, never-ending safety failures that resulted in the death of a human being and nearly killed another," said New Mexico state special prosecutor Kari Morrissey in her closing statements on Wednesday.
Should Gutierrez be found guilty of involuntary manslaughter and a separate charge of evidence tampering she could face up to three years in state prison.
Gutierrez's defence lawyer Jason Bowles has said she was the scapegoat for a chaotic, low-budget production which was fined the maximum possible amount by New Mexico's workplace safety agency for ignoring industry-wide firearms safety rules.
Bowles was set to give his final statements later on Wednesday.
State prosecutors and defence lawyers have fought over the source of six live rounds found on the production. Live rounds are strictly forbidden on movie sets.
During the trial Santa Fe detective cited "circumstantial evidence" that Gutierrez unknowingly brought the live rounds to Rust from a previous production in a white cardboard box.
Morrissey gave jurors photos taken up to ten days before the shooting showing a live round in the box and one in Baldwin's bandolier.
"That's a mountain of circumstantial evidence," Morrissey said.
"This was a game of Russian roulette every time an actor had a gun loaded with dummies."
Bowles has repeatedly blamed props supplier Seth Kenney, who has not been charged, as the source of the live rounds.
Half a dozen Rust crew members called by prosecutors gave testimonies saying that safety meetings were skipped, that Gutierrez sometimes failed to check whether weapons were loaded, and that Baldwin broke basic firearms safety rules.
The movie's first assistant director, Dave Halls, already convicted in the case, was a lone figure defending the behaviour of both Gutierrez and Baldwin during his testimony.
Prosecutors made no direct reference to accusations they had made prior to the trial that Gutierrez may have been impaired on the day of the shooting due to alleged use of marijuana, alcohol and cocaine on evenings after filming.
Australian Associated Press
