Alec Baldwin's 'Rust' shooting trial will not see the movie's jailed armourer forced to testify

The judge in the case ruled on Friday (21.06.24) about how she won't be obligated to testify at the actor's court proceedings: "It's pretty clear that she does not intend to cooperate."

Judge Mary Marlowe Sommer made the decision after hearing arguments for and against compelling Gutierrez-Reed to testify.

In a pre-trial interview in May, the armourer asserted her Fifth Amendment privilege and refused to answer prosecutors' questions about Alec's case.

Due to her decision, prosecutors filed a motion asking the court to force her to testify and grant her use immunity.

It meant whatever she said in her testimony could not be used against her in her pending appeal.

Lawyers for Alec as well as attorneys for Gutierrez-Reed objected to the prosecution's motion to give her immunity.

Judge Sommer asked Gutierrez-Reed's attorney Jason Bowles: "Does Ms Gutierrez, to your knowledge, have any intent to answer the questions if given immunity?"

Mr Bowles replied: "Your honour, she does not want to be cooperative in this case.

"She does not want to answer the questions."

The lawyer later told People he is not sure whether the prosecution will still call her as a witness, but if they do said: "Ms Gutierrez-Reed will invoke her Fifth Amendment privilege as we have long said and as is her right."

Gutierrez-Reed accidentally put live ammunition into the prop gun Alec was holding when it discharged, killing mother-of-one Halyna and injuring its 51-year-old director Joel Souza.

She was convicted of involuntary manslaughter in March and will head to trial in August on a separate felony charge for bringing a firearm into a bar.

Alec is facing an 18-month sentence if convicted in his trial, but has insisted he never pulled the trigger and did not know the gun mistakenly contained live ammunition.