(NewsNation) — The woman in charge of firearms on the set of the movie “Rust” will learn her sentence Monday for her part in the death of cinematographer Halyna Hutchins in 2021.
Prosecutors want the maximum 18-month sentence for the charge for which she was convicted. The defense is asking for “conditional discharge” a form of probation in New Mexico.
Hutchins died from a shot fired by a prop gun held by actor Alec Baldwin during a rehearsal. The gun held a live round instead of the blank that Baldwin expected.
In January, Baldwin pleaded not guilty to an involuntary manslaughter charge. His lawyers have been seeking to have the charges dismissed.
“18 months is shockingly low for involuntary manslaughter” compared to other states, according to criminal trial attorney Sara Azari. She says the judge will look at both aggravating and mitigating circumstances.
“The trial judge is supposed to (hand down) a sentence that just, but is not greater than necessary to punish and deter.”
Movie industry and union rules have prohibited live ammunition on movie sets for decades. Prosecutors contended that Gutierrez-Reed unwittingly brought live rounds to the set and that she flouted basic weapon safety protocols.
Azari says the facts of the case stack up against Gutierrez-Reed. “She never checked on the gun. She was mixing cocaine with guns. She didn’t do safety checks. These are pretty egregious circumstances.”
