Prosecutors responded to Rust Defendant Hannah Gutierrez-Reed’s attempt to have her manslaughter charge dropped in the cinematographer’s 2021 shooting death Halyna Hutchinsclaiming that the indie western’s gunsmith “has a history of reckless driving that resulted in the loss of life and that it is in the public interest that she finally be held accountable”.

They also said in the filing last week that a decision on whether to reload the star Alec Baldwinwho was holding the gun when it discharged, killing Hutchins and injuring director Joel Souza, could arrive in early August.

In the brief filed last week in response to Gutierrez-Reed’s motion to have her criminal charge dismissed, New Mexico special prosecutors Kari Morrissey and Jason Lewis argued that she was “not being prosecuted in a manner selective, saying witnesses would testify that Gutierrez-Reed “drank heavily and smoked marijuana in the evenings while filming Rustand that she was likely hungover on the morning of October 21, 2021, when an antique live-ammunition-loaded pistol held by Baldwin discharged during a rehearsal.

“SP. Gutierrez is rightly prosecuted because his main function as a gunsmith on the Rust the film set was to provide gun safety,” prosecutors said in the filing (read it here). “His reckless failure resulted in the senseless death of another human being.

“All Defendant Gutierrez had to do was shake each bullet and make sure it clicked before putting it in the gun – it failed and killed someone. Defendant Gutierrez also previously been sued in civil court for providing the keys to her motorbike to an intoxicated person who was predictably involved in a car accident resulting in the death of someone.Witnesses in the ongoing case will say that the defendant Gutierrez drank heavily and smoked marijuana in the evenings while filming Rust It is likely that the defendant Gutierrez was hungover when she inserted a live ammunition into a firearm which she knew it was going to be used at some point by an actor while filming a shooting scene with other cast and crew members.

“The crime of manslaughter was designed specifically for these kinds of circumstances,” the filing continues. “Defendant Gutierrez has a history of reckless driving that resulted in the loss of life and it is in the public interest that she finally be held accountable.”

Jason Bowles, Gutierrez-Reed’s attorney, responded to the claims on Wednesday. “The prosecution has mishandled this case so badly and the case is so weak that it is now resorting to libel tactics to further tarnish the press and jury,” he said in a statement.

“This investigation and prosecution was not about seeking justice; for them, it was about finding a convenient scapegoat,” added Bowles.

Baldwin and Gutierrez-Reed were both charged with second-degree manslaughter by the Santa Fe District Attorney after an investigation. Baldwin’s charge was dropped in late April amid new facts emerging in the case, including the gun itself, and special prosecutors wanted more time.

The accusation against Gutierrez-Reed, however, remained. Last month, she filed a motion to have the charge dismissed.

Special prosecutors handling the case also wrote in the filing that they had not decided whether Baldwin would be charged. “If it is determined that the weapon did not malfunction, the charges against Mr. Baldwin will be pursued,” the response to the motion reads. “The prosecution expects to make a final decision on charging Mr. Baldwin within the next sixty days.”

Rust First assistant director David Halls in March did not dispute unsafe handling of a firearm and cooperated with the investigation. A hearing in one of several civil lawsuits involving Rust Movie Productions and Halls is scheduled for Thursday.