A motion to dismiss the involuntary manslaughter case against armorer Hannah Gutierrez Reed over the fatal 2021 shooting of cinematographer Halyna Hutchins on the "Rust" movie set was denied by a New Mexico judge on Tuesday.
Defense attorney Jason Bowles took issue with a statement made in a prosecution filing that Gutierrez Reed was likely hungover the day she loaded the gun for the scene rehearsal given the media coverage of the claim.
"The criminal charge itself indicates that the state believes that there is probable cause that Ms. Gutierrez acted recklessly. That's the criminal charge," rebutted prosecutor Kari Morrissey. "We can't try this case in a vacuum. It is a high profile case."
New Mexico State District Court Judge Mary Marlowe Sommer said this case is at the preliminary stage, stating that the "extrajudicial statements by the media" did not need to be addressed at this point.
"For you to say that basically you've tainted a jury, we're not even there yet," Marlowe Sommer said.
Jason Bowles also argued there are jurisdictional issues with the case citing the charges against Gutierrez Reed were initially filed by Santa Fe D.A. Mary Carmack-Altwies, who later stepped down. But Marlowe Sommer said that the jurisdictional issues had since been resolved.
"I think we stay the course," Marlowe Summer said, noting she did not find that the defense demonstrated "actual and substantial prejudice" that would justify "an exceptional remedy like dismissal."
A preliminary hearing in the case is set to begin on Aug. 9.
Production on the western starring Alec Baldwin came to a halt in 2021, when Hutchins was fatally shot after a prop gun Baldwin was holding fired a live round of ammunition during rehearsal.
Director Joel Souza was also shot and injured.
Prosecutors announced in April they were dismissing involuntary manslaughter charges against Baldwin, citing new evidence that came to the attention of investigators indicating the gun in the shooting had been modified, a source familiar with the investigation told CNN at the time.