No drug test for 'Rust' movie armorer in upcoming trial over fatal shooting by Alec Baldwin

FILE - In this image from video released by the Santa Fe County Sheriff's Office, Alec Baldwin speaks with investigators following a fatal shooting on a movie set in Santa Fe, N.M. Film-set armorer Hannah Gutierrez-Reed will appear before a judge during a remote court hearing scheduled for Wednesday, July 19, 2023, in connection to charges related to the 2021 shooting death of a cinematographer. (Santa Fe County Sheriff's Office via AP, File)

SANTA FE, N.M. (AP) 鈥 The former weapons supervisor on the set of the movie 鈥淩ust鈥 won't have to take a drug test as she confronts felony charges of evidence tampering and involuntary manslaughter in the on-set shooting death of a cinematographer by actor Alec Baldwin.

A New Mexico district court judge on Wednesday dismissed a request from prosecutors to test Hannah Gutierrez-Reed for illegal drugs, calling it 鈥渁n ambush鈥 against her defense lawyers.

Prosecutors say Gutierrez-Reed passed narcotics to avoid legal consequences in the immediate aftermath of the fatal shooting in October 2021, while contending in court documents that the armorer was likely hungover on the day a live bullet was placed into the gun Baldwin used.

Defense attorney Jason Bowles said the drug use allegations are unsubstantiated and undocumented.

It's still unclear how got on set. Prosecutors say they have some evidence to support the theory that Gutierrez-Reed may be responsible for the introduction of the rounds.

Wednesday's hearing, held online, was the first for a recently filed felony charge against Gutierrez-Reed of tampering with evidence in the shooting, which killed cinematographer Halyna Hutchins and wounded director Joel Souza.

State District Court Judge Mary Marlowe Sommer advised Gutierrez-Reed of her legal rights on the evidence-tampering charge, which carries a possible penalty of up to 18 months in prison. Gutierrez-Reed did not enter a plea.

An involuntary manslaughter charge against Baldwin . The actor was pointing a gun at Hutchins when it went off, killing her. Baldwin has said the gun fired accidentally after he followed instructions to aim it toward Hutchins, who was behind the camera.

Evidentiary hearings may take place as soon as August to determine whether the case against Gutierrez-Reed advances toward trial.

Additionally, Gutierrez-Reed still has access to guns as a self-defense measure against threats 鈥 something prosecutors raised as a concern during Wednesday鈥檚 online court hearing.

鈥淲e have a person who is a substance user who is in possession of firearms,鈥 said special prosecutor Kari Morrissey.

Gutierrez-Reed鈥檚 lawyers say prosecutors are resorting to 鈥渃haracter assassination鈥 to prop up their involuntary manslaughter case.

The filming of 鈥淩ust鈥 resumed in April in Montana under an agreement with the cinematographer鈥檚 widower, Matthew Hutchins, that makes him an executive producer. Souza says he returned to directing 鈥淩ust鈥 to honor the legacy of Halyna Hutchins.

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