A New Mexico judge has declined to dismiss the case against Rust armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins, after previously dismissing the case against Alec Baldwin for evidence suppression.

Her attorneys argued in court filings that she was entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State.”

Judge Mary Marlowe Sommer denied the motion Monday following arguments during a virtual hearing Thursday. She also denied a separate motion from the defense seeking immediate release from detention.

In her ruling, Marlowe Sommer stated the issues raised by the defense did not justify a new trial or dismissal, and that in Gutierrez’s case the state did not suppress the ammunition evidence that was at the heart of Baldwin’s dismissal.

Marlowe Sommer dismissed Baldwin’s case with prejudice on day three of the actor’s July trial after his attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation into the deadly on-set shooting was “concealed” from them.

Gutierrez is serving an 18-month sentence for involuntary manslaughter in Hutchins’ death. At trial in Santa Fe in February, the prosecution argued that she had mishandled weapons on the set and failed to detect a live bullet before loading it into Baldwin’s gun.

Baldwin pointed the weapon at the camera and it discharged, and that bullet mortally struck Hutchins in the chest and wounded director Joel Souza.

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