SANTA FE, N.M. (NewsNation) — A New Mexico judge ruled on Friday that the armorer convicted in the deadly “Rust” movie set shooting can be called to testify against actor Alec Baldwin when he heads to trial on an involuntary manslaughter charge next month.
Prosecutors had sought a court order for Hannah Gutierrez-Reed to testify and be given immunity against related prosecution. Gutierrez-Reed was convicted in March of involuntary manslaughter after a prop gun Baldwin was holding fired and fatally shot cinematographer Halyna Hutchins. Director Joel Souza was injured during the incident, but survived.
Baldwin maintains he pulled back the gun’s hammer but did not pull the trigger.
Because of his his authority as a co-producer and the lead actor on “Rust,” Baldwin figured prominently at that previous trial of Gutierrez-Reed, which highlighted gun safety protocols.
“The jury should hear all of the information Ms. Gutierrez has regarding Mr. Baldwin, both exculpatory and inculpatory,” special prosecutors Mari Morrissey and Erlinda Johnson said in court filings. “Counsel for both sides should be permitted to fully cross-examine Ms. Gutierrez.”
Baldwin and Gutierrez-Reed both opposed efforts to compel her testimony.
Another dismissal attempt — why?
FILE – This aerial photo shows the movie set of “Rust,” at Bonanza Creek Ranch, Oct. 23, 2021, in Santa Fe, N.M. e of Hope Award Gala at New York Hilton Midtown on Dec. 9, 2021, in New York. On Friday, May 24, 2024, a New Mexico judge rejected a request by Alec Baldwin to dismiss the sole criminal charge against him in a fatal shooting on the set of “Rust,” keeping the case on track for a trial this summer. (AP Photo/Jae C. Hong, File) 
FILE – Hannah Gutierrez-Reed, the former armorer at the movie “Rust,” listens to closing arguments in her trial at district court, Wednesday, March 6, 2024, in Santa Fe, N.M. The movie weapons armorer is appealing her conviction for involuntary manslaughter in the fatal shooting of a cinematographer by Alec Baldwin on the set of the Western film “Rust.” In court documents released Tuesday, May 14, 2024 a defense attorney for Gutierrez-Reed filed a notice of appeal of the March conviction by a jury. (Luis Sánchez Saturno/Santa Fe New Mexican via AP, Pool, File) 
FILE – In this image taken 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. A jury convicted movie armorer Hannah Gutierrez-Reed of involuntary manslaughter Wednesday, March 6, 2024, in the fatal shooting of cinematographer Halyna Hutchins by actor Alec Baldwin during a rehearsal on the set of the Western movie “Rust.” Baldwin has been indicted on a charge of involuntary manslaughter and has pleaded not guilty ahead of a July trial date. (Santa Fe County Sheriff’s Office via AP, File) 
In this screen grab from lapel camera video provided by the Santa Fe County Sheriff’s Office, movie set armorer Hannah Gutierrez-Reed, right, speaks with a sheriff’s deputy as other colleagues, at center and left, react on the set of the western move “Rust,” shortly after the fatal shooting of cinematographer Halyna Hutchins by Alec Baldwin during a rehearsal, Oct. 21, 2021, in New Mexico. The scheduled trial next week of the movie weapons supervisor in the fatal shooting of a cinematographer by Alec Baldwin may hinge on an enduring mystery: How did live ammunition find its way onto the set of a film set where it was expressly prohibited? (Santa Fe County Sheriff’s Office via AP) 
In this screen grab from lapel camera video provided by the Santa Fe County Sheriff’s Office, movie set armorer Hannah Gutierrez-Reed, right, speaks with a sheriff’s deputy as other colleagues stand with her on the set of the western move “Rust,” shortly after the fatal shooting of cinematographer Halyna Hutchins by Alec Baldwin during a rehearsal, Oct. 21, 2021, in New Mexico. A judge will consider allegations of due process violations in the prosecution of Gutierrez-Reed, who is accused of involuntary manslaughter and evidence tampering in the death of Hutchins, at an online court hearing scheduled Tuesday, Aug. 1, 2023. Charges against Baldwin in connection with the shooting were dismissed in April. (Santa Fe County Sheriff’s Office via AP) 
Newly released body camera footage from Santa Fe County Sheriff’s Office shows the aftermath of the deadly “Rust” moving set shooting involving Alec Baldwin.
In addition, Baldwin’s defense team is trying to get his case thrown out despite the judge previously denying a motion to dismiss his involuntary manslaughter charge.
Baldwin’s lawyers claim they’re at a disadvantage because the state was withholding thousands of files, documents and evidence for months that could have helped their argument.
The 66-year-old, Emmy-winning actor’s trial is set to start next month.
Prosecutors plan to present evidence at trial that they say shows the firearm “could not have fired absent a pull of the trigger” and was working properly before the shooting.
Baldwin has denied all charges. If convicted, he faces a maximum sentence of 18 months in prison.
What is the new evidence prosecutors want introduced?
Prosecutors are preparing to paint a damaging picture of the actor, saying Baldwin asked to be assigned the “biggest gun available” prior to filming. He also allegedly fired a blank round at the crew, used a gun as a pointer and was reckless with firearms on set in the days and final minutes before the gun went off.
In one video, prosecutors say Baldwin can be seen “engaging in horseplay with his gun.” In another, he allegedly used his gun as a pointer and even fired his gun after “cut” was called and the scene was to stop.
Prosecutors also claim Baldwin was “inattentive” during firearms training; instead, he was distracted by texting and FaceTiming family members among other “erratic and aggressive behavior.”
Baldwin’s lawyers claim the state didn’t disclose some of this evidence in time, claiming they were intentional or careless. They want the judge to dismiss the indictment or preclude all of the “testimony, evidence and argument related to the contention that Baldwin must have pulled the trigger.”
Last year, special prosecutors dismissed an involuntary manslaughter charge against Baldwin, saying they were informed the gun might have been modified before the shooting and malfunctioned. But, they pivoted after receiving a new analysis of the gun and successfully pursued a grand jury indictment.
The Associated Press contributed to this report.
