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US-ENTERTAINMENT-FILM-RUST

Prosecution Accuses ‘Rust’ Defense Gun Expert Of Pointing Gun At Judge

Injury Insiders by Injury Insiders
March 6, 2024
in Premises Liability
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Santa Fe County Sheriffs Deputy Levi Abeyta (L) intervenes during the testimony of firearms expert Frank Koucky III. (Photo by JIM WEBER/POOL/AFP via Getty Images)

The involuntary manslaughter trial in Santa Fe, New Mexico, of Hannah Gutierrez-Reed for the death of cinematographer Halyna Hutchins on the set of the movie “Rust” is nearing its conclusion. But before the defense rested yesterday, there were some tense moments when Frank Koucky III — the defense’s gun safety expert — took the stand. And given the allegations surrounding Hutchins’s death, they were particularly chilling.

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First the judge, Mary Marlowe Sommer, had to point out to Koucky how uncomfortable he was making people — including the jury — because of the way he was handling the weapon in evidence. Again, this is the defense’s safety expert. Auspicious. As reported by Law & Crime, Judge Sommer spoke on behalf of “nervous” people in the courtroom, “Alright, first of all, everybody’s nervous because you have not demonstrated to us that they [the firearms] are unloaded, so before you start showing us the weapons, make sure they’re unloaded, including the one you just touched.”

Responding to the judge’s request, Koucky pointed the gun he was holding down. And then, for a moment, he raised it in the direction of the judge — sufficiently long enough that the deputy reached over and pointed the muzzle of the gun away from the judge and towards the floor.

The interaction then became the focus of questioning on behalf of the prosecution. Special Prosecutor Kari Morrissey began by asking, “Do you agree with me that basic gun safety requires that the handler of the gun not point the gun at anyone?”

“If it’s a real gun, yes,” Koucky replied.

“Do you agree with me that while you were sitting here in the courtroom that you pulled out a gun and you pointed it at the judge?” Morrissey followed up.

“I do not,” the witness answered. “I pointed the gun into the space up here, never directly at the judge.”

“Do you agree that basic gun safety requires that you keep the muzzle of the gun pointed down for safety?” the special prosecutor asked.

“Not at all,” Koucky said,” noting a gun “may be pointed up, may be pointed back, may be pointed cross-arms, as in the military, may be pointed at the ground,” and so on.

“So, no,” he emphasized.

“Do you agree that when you pulled that firearm out and pointed it in the direction of the judge the deputy next to you had to intervene and grab the gun and pointed it down?” the prosecutor asked, as the defense shouted “objection.”

You can watch the interaction for yourself below.


Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.



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