Crime Stories with Nancy Grace - HEAR IT: Armorer Hannah Gutierrez-Reed charging documents in death of Halyna Hutchins

Episode Date: February 1, 2023

Armorer Hannah Gutierrez-Reed has been charged with involuntary manslaughter, in the 2021 death of cinematographer Halyna Hutchins. "Rust" star and producer Alex Baldwin has also been charged.   The 25-year-old was in charge of firearms on the set and the gun that killed Hutchins was one of three "set up" by Gutierrez-Reed and left on a cart for film use. See omnystudio.com/listener for privacy information.

This is an iHeart Podcast. Crime Stories with Nancy Grace. Page one, statement of probable cause redacted. State of New Mexico, County of Santa Fe First Judicial District Court State of New Mexico Plaintiff vs. Hannah Gutierrez-Reed Defendant Statement of Probable Cause Background Synopsis

On October 21, 2021, in the County of Santa Fe, State of New Mexico, a shooting involving a handgun revolver firearm occurred that resulted in the death of Helena Hutchins and the serious injury of Joel Souza. The shooting involved a.45 caliber revolver and occurred on a western movie set located in rural Santa Fe County, referred to and known as Bonanza Creek Ranch, 15 County Road 45, Santa Fe, New Mexico, 87508, 545 Bonanza Creek Ranch Road. On this date, being filmed and or rehearsed at this location was a film, at the time, named, referred to as Rust.

Through interview statements and evidence, it was learned that defendant Hannah Gutierrez-Reed, here and after Gutierrez-Reed, was the lead and only armorer hired for and present during production. Through these same statements, interviews, and evidence, it was determined that actor Alec Baldwin, here and after Baldwin, was seated in what is referred to and appears to be a church on this movie set. Baldwin was in possession of a.45 long Colt caliber revolver type firearm, one of a type and kind often used and or seen in or on Western genre type movies and or sets. The firearm is a single-action revolver handgun, which requires the cocking of the external hammer to rotate the cylinder

and then pressing of the trigger to fire the weapon. Gutierrez-Reed, in performing her armoring duties, loaded the weapon prior to the lunch break. After some time in rehearsals, the crew broke for lunch. Gutierrez-Reed took possession of the firearm and secured it in the safe located in the prop truck. Reed did not follow safety protocol requiring the unloading and proper storage of, quote, dummies, unquote, prior to securing the revolver.

After lunch, she retrieved the weapon and did not perform an industry standard safety check upon removing the weapon from storage and provided it on set to the first assistant director, David Halls, hereinafter Halls. For the third time, not properly or to industry standards and safe practices, clear and show safe the weapon in rounds. In front of Baldwin, standing, were victims Helena Hutchins and Joel Souza. Hutchins and Souza were viewing and moving a camera in rehearsal for a scene filming to occur at a later date, undetermined date, and or time. Through these same statements, interviews, and physical...

Page 2. Evidence, it was learned that Helenautchins was the director of photography for the film and joel souza was the director writer for the film information and evidence obtained showed that baldwin was seated in a pew facing in a northerly direction towards the front of the church in front of him was helena hutchins and joel souza and a camera operator, along with other crew, i.e. sound, script, costume, etc. Not present among all the ancillary crew was Reed, in direct violation of established safety policy and procedure utilized on all film sets when firearms are being used. Baldwin was wearing a shoulder holster, which was securing holding a.45 long Colt caliber six-shot revolver. Baldwin was

practicing drawing and pointing the weapon for the scene with guidance and instruction from Helena Hutchins and Joel Souza. The setup was to be a close-up on Baldwin in the firearm as he drew the weapon and pointed it. Helena Hutchins and Joel Souza were viewing the scene on a monitor attached to the camera. Baldwin drew the revolver from the holster, pointed it at Helena Hutchins and Joel Souza were viewing the scene on a monitor attached to the camera. Baldwin drew the revolver from the holster, pointed it at Helena Hutchins, and fired the weapon. When reviewing the script and witness interviews for this scene and close-up shot, evidence indicates the scene did not require the weapon to be fired with blank rounds, only dummy rounds, rounds that are inert but cosmetically appear to be real or to be used. It was also determined by consultation with expert armorers that in a rehearsal,

a plastic gun or replica gun should be used as no firing of blanks is required. At approximately 1.48 p.m., the shooting was reported to Santa Fe County Regional Emergency Communication Center, RECC, via 911. This resulted in the response of fire, emergency medical, and Santa Fe County Sheriff's Office personnel. This further resulted in this case number as a quote-unquote death investigation. The response of emergency personnel resulted in Joel Souza being transported by ambulance to St. Vincent Regional Medical Center located at 455 St. Michael's Drive within the city limits of Santa Fe, New Mexico. Helena Hutchins was transported

from the scene by air ambulance helicopter to the Level 1 Trauma Center at the University of New Mexico Hospital located in Bernalillo County, Albuquerque, New Mexico. Helena Hutchins was pronounced deceased at approximately 3.37 p.m. by attending medical personnel. Joel Sousa was treated and released, but not before a projectile was removed from his back. The projectile appeared to be a lead projectile of the type and kind found in, quote, live, unquote, ammunition. This item was secured and turned over

to the Santa Fe County Sheriff's Department. Evidence and analysis showed that the recovered projectile had first struck and then passed entirely through helena hutchins new mexico office of medical investigator reports finding and then struck joel souza the projectile penetrated through the front of joel souza's right shoulder and became lodged under the skin on his back the office of the medical examiner state of new mexico listed helena hutchins cause of death preliminarily as quote gunshot wound of the Medical Examiner, State of New Mexico, listed Helena Hutchins' cause of death preliminarily as, quote, gunshot wound of the chest, unquote, after conducting an autopsy on October 22, 2021. Crime Stories with Nancy Grace

Page 3 The following additional information and evidence is provided in further support of probable cause of the enumerated crimes having been committed by Gutierrez-Reed. Firearm ammunition and Gutierrez-Reed in her role as armorer. Industry standards, best practices, common practices, historical practices, policies and or procedures, and union-guided policies and or procedures require and or mandate certain members of a filming crew have, assume, or are assigned certain obligations and responsibilities. Industry experts and or armorers were consulted for information and evidence in this realm. Gutierrez-Reed was the designated and hired armorer for this production. As such, all safety and training considerations

involving firearms were the responsibility of Gutierrez-Reed to make available and present to production. All on-set protocols when firearms are present were the responsibility of Gutierrez-Reed to make available and present to production. All on-set protocols when firearms are present were the responsibility of Gutierrez-Reed to manage, be present, and enforce. Industry standards require that movie set armorers be responsible for all firearm safety and training, handling, discharging, loading, unloading, best practices, and best safety practices as set forth in safety material and industry-established protocol. Based on her position, Gutierrez-Reed, through acts and or omissions, contributed to or failed to mitigate or address multiple significant safety violations, safety issues, protocol violations, and or concerns that resulted in

multiple noted instances of recklessness leading up to, contributing to, and causing the fatal shooting. Statements and evidence show Baldwin was not present for required firearms training prior to the commencement of filming. Statements, depositions from OSHA, and evidence show Baldwin was provided only minimal training on firearms. Reed knew Baldwin required more training. In interviews and depositions from OSHA, Reed stated she felt this training was very important for Baldwin in his character in Rust. During what was supposed to be an over one- training baldwin was distracted and consistently talking on his cell phone to his family the actual training session only consisted of approximately 30 minutes due to baldwin's distractions this was a primary responsibility of gutierrez reed wherein she

failed to meet industry standards and common safety practices in conducting the proper training with the lead actor. Reed stated in her deposition, this training was essential and could have prevented the fatal shooting. Photo and video evidence from inside the church on the day of the shooting have been obtained from an individual that was inside the church during the rehearsal and moments before the shooting.

The photos and videos depict the above described actions of Baldwin prior to the shooting, practicing drawing and pointing the weapon. The photos and videos clearly show Baldwin multiple times with his finger inside of the trigger guard and on the trigger while manipulating the hammer and while drawing, pointing and holstering the revolver. Gutierrez-Reed was reckless in her responsibility to ensure set safety with the firearm. She failed to correct

Baldwin from committing the dangerous and reckless safety violations by pointing the weapon at, towards people, and by having his finger on the trigger. Evidence shows that Gutierrez-Reed did not stay on the set with the firearm as required by common practice safety protocols and industry standards additionally Reid allowed first assistant director David Halls here and after Halls to take possession of the firearm unsupervised in direct violation of safety standards and procedures. Her absence from the set allowed the reckless behavior to happen and continue, resulting in the fatal shooting. Reed also did not follow protocol and safety procedures. By unloading the firearm in front of Halls or Baldwin,

Reed was required to show each of them every bullet to prove they were dummies. Reed failed to do this and should have demanded, as armorer, it be done. The revolver involved in the shooting was seized by detectives as evidence. It was later submitted to the Federal Bureau of Investigation, FBI, Crime Lab for examination and analysis. As part of that examination analysis, the FBI conducted a function-m function malfunction check of the revolver This involved trying to get the weapon to fire without the trigger being depressed ie

striking it on six separate planes with considerable force and Onto the hammer with a solid object multiple times the revolver did not malfunction, i.e. fire when it should not accidentally. This analysis clearly showed that the weapon could not accidentally fire. In order for the weapon to fire, the trigger had to have been depressed. The FBI additionally analyzed various types and kinds of ammunition seized from the scene, including the prop truck. This included dummy rounds and suspected live ammunition. A total of five suspected live rounds, one spent casing of a live round that was discharged causing the shooting, were seized by investigators. The five unspent rounds were determined to be actual live ammunition by analysis at the

FBI laboratory. Industry standards, practices, requirements, and common firearm safety protocols and procedures indicate that the most egregious incidence of a reckless violation of safety and armorer duties is to allow live ammunition on or even near a film set where firearms are being used. Gutierrez-Reed was responsible for this safety item and recklessly failed to ensure safety by allowing live ammunition on the set. The live rounds found at the scene were found on the armorer's cart and within, quote, loop loader, unquote, ammunition holder

that were on the cart and or used by Baldwin. Reed should have caught this live ammunition on set, but put everyone on the Rust set in danger by failing to do her job. Evidence and statements indicate that aside from what Gutierrez-Reed may have brought to the set with her, all weapons and ammunition, blank, dummy, for the production were obtained from a supply company in albuquerque pdq arms and prop llc detectives investigated these facts including service of a search warrant at the place of business of pdq arms and prop in albuquerque several suspected live rounds of 45 long cult caliber cartridges were seized as a result, some supplied by the company owner to

investigators and some found at the place of the business. These rounds were submitted to the FBI for comparison with the suspected live rounds found at the shooting scene. The explosives chemistry examination of the rounds showed that the smokeless powder in the live rounds found at the scene did not match the live rounds seized from the props arm supplier in question this means the live rounds on rust did not match the rounds explosive chemistry makeup taken from pdq arms and prop evidence shows baldwin failed to appear for mandatory firearms training and firearm safety training prior to filming evidence also shows Baldwin requested and was afforded a training session on set and that the training was 30 minutes in length the limited time of training does

page 5. not comport to industry standards safety standards and, and safety protocols. Gutierrez-Reed was responsible for all firearm safety and training, and she allowed the substandard and reckless practice to occur, failing to demand or escalate to others what she herself admitted was inadequate. Evidence shows that the production company hired Hannah Gutierrez-Reed as the lead armorer for the production. Evidence shows that she possessed no certification or certifiable training or union card for this practice and that she admitted she was the armorer for only one film prior to this production in April of 2021, approximately. Gutierrez-Reed failed to demand the required safety and training protocols or assistance, resulting in a climate of recklessness and ultimately the fatal shooting. Her lack of experience or training was inadequate for a production utilizing the number of firearms as rust.

Reed had a duty and omitted that duty when she took an armorer position she was not qualified to accept. Gutierrez-Reed was hired and assigned by production to be a props assistant initially, then assistant prop master in addition to her armorer duties. Evidence shows that this resulted in Gutierrez-Reed not focusing her entire attention to her primary and most important responsibility as armorer. Industry standards, practices, policies, and protocols considered this a reckless and unsafe practice on any production following proper common-sense establish safety expectations

Gutierrez read failed to address this unsafe situation in any manner consistent with standards and or protocols an experienced armorer after consulting with expert armorers should have refused to do both jobs, so safety would be her primary responsibility with firearms. Evidence shows that Sarah Zachary was hired as the prop master for the production. It also shows that she was assigned to assist Gutierrez-Reed with her armorer duties. Evidence and statements show that Sarah Zachary possessed little to no experience with firearms, firearm safety, armorer duties and responsibilities, etc.

It also shows that Sarah Zachary was assigned to allowed to load and unload ammunition and firearms, handle firearms and act as an armorer when on set with actors doubles taking possession of the firearms evidence shows this was done multiple times and without gutierrez reed being on the set as well or supervising zachary evidence shows this was done multiple times and without gutierrez reed being on the set as well or supervising zachary evidence shows that gutrez-Reed did not act to address this reckless process procedure that is contrary to industry standards and safety protocols and in fact knowingly allowed it. This is direct violation of commonly understood firearm safety protocols. Prior to the shooting incident, Sarah Zachary had a negligent discharge while handling a revolver intended to be used by an actor in the filming. This weapon was different from Baldwin's weapon, but similar mechanical function and appearance,

and was intended for use by the, quote, marshals, unquote. Statements show that Sarah Zachary was holding and manipulating the weapon while walking, and she discharged a blank cartridge into the ground next to her foot. Industry standards, practices, and protocol consider negligent discharges reckless in nature in that they require immediate action and or swift mediation, remedial training, demotion, removal from set, termination, etc. Evidence shows Gutierrez-Reed failed to act to address this reckless situation. Gutierrez Reed additionally failed to address and or mitigate another negligent. Page six. Discharge on the set contrary to common safety protocols, procedures, and industry standards. This too contributed to the reckless climate documented

on this set production. On another separate occasion, Reed loaded blanks into a lever-action rifle and allowed a stunt performer to take possession, unsupervised, in direct violation of some of the most stringent safety protocols in film. The stunt performer returned to the, quote, holding tent, unquote, where he allowed an ND, negligent discharge, to occur. Reed, in this instance alone, violated multiple safety protocol, contributing to and resulting in a serious safety issue. Through evidence and interviews, these significant safety violations were deemed reckless and negligent by the investigation, as there was no indications or evidence that the firearms in question malfunctioned at any time. Rather, there is evidence the weapon fired because of mishandling misuse by those handling the firearm, i.e. pressing the trigger when it should not be.

As armorer, Gutierrez-Reed was ultimately responsible for correcting or mitigating these and any safety violations from cast and crew. In this circumstance, it is common practice and expected for any actor handling or firing a weapon to check for safety. The armorer's role is to provide that proper safe handling and management in order for them to do so. Reed not only failed in this regard, but was not even present. This ultimately was exaggerated by the weapon being used by Baldwin in an unsafe manner in close proximity to cast and crew, ultimately pointing the weapon in violation of the most cross-industry established safety rule at Helena and firing. All these actions knowingly without an armorer present

against industry safety standards, practice, and union regulations. Evidence and statements also show that Halls, by virtue of his position, is the first point of contact for an armorer when they bring a firearm on set and is the first person required to conduct a safety check with the armorer and weapon. Halls is further required to announce to crew when a firearm is on set and whether it is cold or if the weapon will be fired in the scene, i.e. announce fire in the hole or other common phrase

to put the crew on notice for shooting, loud noise, hearing protection, et cetera. Halls additionally, by virtue of his position in industry standards and practices, is prohibited and or strictly discouraged from handling any of the firearms on set. As such, industry standards, policies, and practices call for the armorer to be on set and to stay on set any time a firearm is on set. Gutierrez-Reed allowed the reckless practice of allowing Halls to handle the weapon

on the day of the fatal shooting. Prior to lunch, statements and evidence show that Halls requested Baldwin's firearm be prepped and brought to the set by the armorer, Gutierrez-Reed, for rehearsal practice purposes. Gutierrez-Reed states that she loaded the firearm with dummy rounds, performed a safety check with Halls for rehearsal practice purposes. Gutierrez-Reed states that she loaded the firearm with dummy rounds, performed a safety check with Halls

and the firearm, and then Halls took possession of the firearm from Gutierrez-Reed. Gutierrez-Reed departed the church. Gutierrez-Reed leaving the set and Halls handling the firearm are considered very reckless actions according to industry standards, expectations, and common firearm safety protocols and considerations. However, there are contradictory statements that Reed brought an empty gun to Hall's

and then at some point loaded it with dummies while in the church. Reed then shows Hall's the gun again, only opening it and not taking out the bullets. Reed then leaves the set. Crime Stories with Nancy Grace Page 7. Regardless, Reed had a duty to show whomever she handed the gun to, whether Halls or Baldwin, a safe gun by taking out each bullet and showing them each one was a dummy. Yet, she failed to do this and did not assert herself when it didn't happen.

Reed also had a duty to stay with the weapon. Further evidence and statements show that when the crew broke for lunch, firearms, including Baldwin's, were secured in the prop truck safe. Outside of the church was a cart used by the armorer, Gutierrez Reed, and the prop master, contrary to standard safety protocols, that contained leather gear rigs like holsters and belts and ammunition. Evidence clearly indicates this cart and associated items were not secured during the break and was not in visual range of Gutierrez Reed or Sarah Zachary for safety and security, nor was a fire watch in place at the cart.

The unsecured cart with equipment, ammunition and firearms is considered reckless by industry standards and by common firearm safety standards and protocol. Reed should have made sure all ammunition was always secured. Upon returning from lunch, evidence and statements show that Gutierrez Reed retrieved Baldwin's revolver but didn't empty the weapon and perform a safety check. Additionally, Gutierrez Reed again is asked and complied with Halls by handling him the firearm once inside the church. Evidence and statements also indicate that an after-lunch safety check of the firearm between Gutierrez-Reed and Halls or between Gutierrez-Reed and Baldwin

did not occur. Gutierrez-Reed again departed the church. This after-lunch sequence of events is documented to have no less than four reckless violations of industry standards, safety protocol, best practices, and common firearm safety protocols in a very short compressed period of time by Reed, Halls, and Baldwin. On the day of the shooting alone, evidence shows that many acts or omissions of recklessness occurred in the short time prior to lunch and the time of the shooting, and this does not account for the reckless handling of the firearm by Baldwin. Gutierrez-Reed contributed and or failed to mitigate numerous reckless and dangerous actions

in the course of a very short time period. Evidence and statements indicate that locations departments Props and the Armorer were sharing a vehicle and its associated storage space it further indicates that while firearms may have indeed been controlled ammunition and associated boxes were not securely stored this is a reckless violation of common safety practices for armorers of which gutierrez reed failed to act to address this recklessness this created a disorganized chaotic environment which reed did not address and contributed to resulting in further violations of common safety practices and standards finally industry standards protocols and common firearm safety procedures on movie sets

require the armorer after conducting a safety check with the first assistant director to conduct a second safety check with the actor to be handling the firearm and others on the set. In this instance, it would have required completely emptying the firearm, shaking each round to ensure it is a dummy round. This safety check is then conducted with the actor as well. This reckless violation of standards and firearm safety occurred two times leading up to the shooting and page 8. gutierrez reed failed to act to mitigate or correct the reckless safety violations directly resulting in hutchins death evidence exists to

clearly show that on october 21st, 2021, Helena Hutchins was killed when Baldwin fired a firearm pointed at her. The evidence and statements documented in this affidavit confirm many instances of extremely reckless acts or reckless failures to act, read in a 10-day period. Evidence and statements clearly indicate that Gutierrez, read, loaded the firearm, provided it to the set, secured it for lunch, and then again provided it to the set for use. Evidence clearly shows that none of the incidents or issues were addressed by Gutierrez-Reed in her position as armorer to mitigate future occurrences of recklessness, correct recklessness behavior, correct training deficiencies, etc.

Reed's deviation from known standards, practice, and protocol directly caused the fatal death of Hutchins. By not insisting Baldwin had the proper training, not checking the rounds she was loading into the firearms, not showing Halls or Baldwin each bullet before handing them the firearm, allowing live rounds on scene, not staying in the church with the firearm, allowing Baldwin to point the firearm at Hutchins, not voicing her concerns to management of her double duties as armorer and props assistant,

allowing ammunition to be secured, not making sure a rubber or replica gun was used in a rehearsal scene, and allowing Baldwin to handle a firearm in a negligent manner, Reed acted with willful disregard for the safety of others and in a manner which endangered other people, specifically Hutchins and Sousa. Reed clearly should have known the danger of her actions which led to the death of Hutchins. Probable cause exists that Gutierrez Reed committed involuntary manslaughter contrary to and defined in NMSA 30-2-3, quote, manslaughter, unquote, in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection or during the unlawful act not amounting to a felony to wit negligent use of a deadly weapon

robert shilling special investigator first judicial district attorney's office 327 sandoval street s Santa Fe, New Mexico 87501.