New trial denied for 'Rust' armorer convicted in fatal shooting of cinematographer by Alec Baldwin — Susan Montoya Bryan, Associated Press
A New Mexico judge on Friday rejected an effort by a movie set armorer to challenge her conviction of involuntary manslaughter in the 2021 fatal shooting of a cinematographer by Alec Baldwin on the set of the Western film "Rust."
After hearing brief arguments during a virtual hearing, Santa Fe-based Judge Mary Marlowe Sommer said she would be staying the course and that armorer Hannah Gutierrez-Reed would remain in custody pending her sentencing in April.
Gutierrez-Reed was convicted by a jury in early March in the October 2021 shooting on the outskirts of Santa Fe, New Mexico, during a rehearsal. Baldwin was indicted by a grand jury in January and has pleaded not guilty to an involuntary manslaughter charge, with trial set for July.
Defense attorneys for Gutierrez-Reed had filed a request earlier this month for a new trial and urged the judge to release their client from jail as deliberations proceeded. Attorney Jason Bowles told the judge Friday that his client had no violations during the trial, takes care of her father and has been in counseling.
"She hasn't done anything wrong. She's not a danger or a flight risk," he said.
The judge responded: "Keep in mind there was a death that the jury determined was caused by her so I'm not releasing her."
Involuntary manslaughter carries a sentence of up to 18 months in prison and a $5,000 fine. Gutierrez-Reed is being held at the Santa Fe County Adult Detention Facility.
In court filings, defense attorneys asserted that the jury instructions in the case could confuse jurors and lead to a nonunanimous verdict. Similar objections to the jury instructions were rejected at trial, but Bowles on Friday brought up a new ruling from the New Mexico Supreme Court in an unrelated case that addressed situations when jurors have two or more specific acts to consider when deliberating a charge.
In the case of Gutierrez-Reed, he explained that one act was loading a live round in the gun used on set and the other was the accusation that she did not perform an adequate safety check of the firearm. He was unsuccessful in his argument that jurors should have had separate instructions for each act.
Gutierrez-Reed could be sentenced as soon as April 15 under current scheduling orders.
Baldwin was pointing a gun at cinematographer Halyna Hutchins when the revolver went off, killing Hutchins and wounding director Joel Souza.
Baldwin has maintained that he pulled back the gun's hammer, but not the trigger. Testimony by an independent gun expert during Gutierrez-Reed's trial cast doubt on Baldwin's account that his gun went off without pulling the trigger.
Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of "Rust" where it was expressly prohibited. They also said she failed to follow basic gun safety protocols.
"Rust" assistant director and safety coordinator Dave Halls last year pleaded no contest to negligent handling of a firearm and completed a sentence of six months unsupervised probation.
The state senate campaign of a high-profile former DREAMer may be stopped before it starts if a judge agrees with a small group of voters that the candidate’s petitions to qualify for the ballot don’t count.
A lawsuit prepared this week by Audrey Trjuillo, a Corrales Republican candidate for State Senate District 9, and two high-profile local Democrats, County Commissioner Katherine Bruch and former District 9 State Senator John Sapien, asks a judge to invalidate more than 230 signatures of local voters nominating Democrat Cindy Nava of Bernalillo to the District 9 seat.
The issue involves a technical error on the petition forms Nava used to qualify for the ballot which her campaign admits accidentally listed Nava’s Town of Bernalillo address as being in Bernalillo County instead of Sandoval County.
“Over 250 Democratic voters in Senate District 9 signed petitions to put Cindy’s name on the ballot,” Nava’s campaign manager Sandra Wechsler told the Sandoval Signpost. “They know, as we do, that Cindy’s experience and story is inspiring voters, and that she is a needed voice in the State Senate. It is unfortunate her opponents seek to disenfranchise the will of these voters by filing this challenge.”
To be placed on the ballot for the Democratic primary in June, Nava was required to obtain the signatures of 3% of registered Democratic voters in District 9, or 127 signatures. She submitted over 250 to the county clerk on filing day earlier this month.
But the online and paper petitions Nava’s campaign used listed “Bernalillo” in the section for the candidate’s county of residence. Nava lives in the Town of Bernalillo which is in Sandoval County.
It is easy to see how a candidate could make this mistake, especially when they live in the Town of Bernalillo which shares its name with neighboring Bernalillo County. The nominating petition template candidates are required to use includes spaces for a candidate’s name, home address and county. But unlike a standard mailing address that includes the street address and city together (such as 123 Main St, Bernalillo, NM), the nominating form only asks for the street address (123 Main Street) and the county where that address is located (Sandoval). Nava’s petitions included her home street address in the proper box but erroneously listed Bernalillo, her town, in the county box.
State law dictates that “a nominating petition page, including all signatures on the petition page, shall be invalid if any of the information required… of this section [including the address where the candidate resides] is not listed on the petition before the petition page is signed by a voter,” the petitioners point out in their lawsuit. Other provisions make it a misdemeanor to “to knowingly circulate, present or offer to present for the signature of another person a nominating petition that does not clearly show on the face of the petition the name of the candidate, the address at which the candidate resides, the candidate’s county of residence and the office for which the candidate seeks nomination.”
If Trujillo’s lawsuit is successful, Democrat Heather Balas will be the only Democrat remaining on the ballot in the June primary and advance to take on Trujillo in the November general election. Current State Senator Brenda McKenna (D) announced earlier this year she would not seek re-election. McKenna endorsed Nava as her successor.
Former State Senator Dede Feldman, now a good government advocate with Common Cause New Mexico, told the Signpost that the law requiring candidates to provide specific address information is designed to ensure that candidates live in communities they seek to represent. She says that while challenges to specific voters or even a candidate’s residency are fairly common, she cannot remember a specific case where all of a candidate’s petitions could be invalidated. That could create a challenge for a judge, she says, to weigh whether a technical error on the form is enough to overrule the voter intent of the local voters who nominated Nava in good faith.
The court case specifically asks a judge to direct the county clerk to disqualify Nava and remove her name from the June 5 Democratic primary ballot. A court date has not yet been set
Oops! Typo could stop campaign before it starts — KUNM News, City Desk ABQ
The state senate campaign for Democrat Cindy Nava may be over before it even starts.
City Desk ABQ reports a lawsuit prepared this week asks a judge to invalidate more than 250 signatures of local voters nominating Nava to the District 9 State Senate seat.
The issue involves a technical error on the petition forms Nava used to qualify for the ballot. Nava lives in the town of Bernalillo which is in Sandoval County, but her paperwork listed her residence as being in Bernalillo County.
Nava’s campaign manager said it is “unfortunate (Nava’s) opponents are seeking to disenfranchise the will of these voters by filing this challenge.”
The lawsuit was prepared this week by Audrey Trujillo, a Corrales Republican candidate for the same district seat Nava is seeking to represent, and two high-profile local Democrats.
If the lawsuit is successful the only democrat remaining on the Ballot to face Trujillo will be Heather Balas, as the incumbent has stated she will not be seeking re-election.
Family says they got carbon monoxide poisoning from short-term rental — KUNM News, Santa Fe New Mexican
A family traveling through Santa Fe says they got carbon monoxide poisoning while staying in a vacation rental.
The Santa Fe New Mexican reports the rental had no carbon monoxide detector. Santa Fe only requires that short-term rentals have smoke detectors.
The lawsuit says that the entire family became ill, including two children. The family says that they took their baby to the hospital after finding them unresponsive and covered in vomit.
The family is now suing the owners of the rental, who claim there was no carbon monoxide leak, but that the family was instead suffering from altitude sickness.
The city requires owners of short-term rentals to renew their permits yearly, and a city official told the New Mexican that the permit for this property had lapsed in 2022.
Just 400 acres have burned on state, private land in 2024, but NM urges caution this fire season - Patrick Lohmann, Source New Mexico
More than 70 wildfires starts so far this year on state and private land have burned just 400 acres, the lowest acreage consumed by fire compared with the same period over the last three years. But that doesn’t mean residents should rest easy.
“We’re getting lucky,” state Forestry spokesperson George Ducker told Source New Mexico in an interview, “that these starts aren’t spreading.”
By March 28, 2022, 90 fire starts had already burned through 12,000 acres (about 19 square miles), according to state data of private and state land. In the same period in 2023, 86 fires had already burned about 6,500 acres (about 10 square miles).
The state could be on the cusp of another season of wildfires, particularly the eastern edge of New Mexico, according to forecasts. To prevent avoidable damage, the state Forestry Division has released tips every day this weekfor residents, part of the annual Southwest Wildfire Awareness Week.
A Southwest fire forecast from the National Interagency Fire Center released March 14 predicts above-normal fire potential in eastern and southern New Mexico in April. Just over the state’s eastern border, Texas endured its biggest-ever wildfire, the Smokehouse Creek Fire, earlier this month.
“That was a grass fire that just got buffeted by winds. And, again, we were very lucky,” Ducker said. “That could have eastern New Mexico, without a doubt. It just happened to be in Texas.”
In May, the increased wildfire risk follows the Rio Grande northward to Albuquerque. Clearing invasive species from around your land before then is a good idea, Ducker said.
“For folks who live in the bosque, it might be a good idea now or next month to go out there and do some defensible space work, maybe start taking some chainsaws to that salt cedar [or] the tamarisk if you’re near the water,” Ducker said.
The tips for residents are “common sense,” Ducker said, but are necessary reminders to prevent wildfire or safely avoid its destruction. Forestry asks residents to prepare go-bags, familiarize themselves withthe “Ready, Set, Go!” evacuation protocols, do thinning around their homes and be careful using heavy equipment or stamping out cigarettes.
The threat of high winds is one Forestry officials have discussed more often recently, Ducker said. The 2022 wildfire season, in which the two biggest fires in state history ignited, was propelled by historic wind events, with huge gusts launching wildfires on unpredictable, destructive paths. So Ducker recommended keeping an eye on wind forecasts when using equipment in wildland areas.
Since 2022, “equipment use” has been deemed the cause of 43 of 249 wildfires – a little more than 17% – ignited on state or private lands, according to Forestry data. It’s a vague term, Ducker acknowledged, but one he interprets as using power tools, chainsaws or other machines that can shoot sparks.
The monsoon largely failed to materialize last year, Ducker said, recalling afternoons of midsummer “constipated clouds” that delivered little precipitation. That meant little soil moisture to rein in fire growth but also little fuel growth – a “net zero” in terms of wildfire risk. So it’s hard to say what exactly that means for this upcoming wildfire season.
“For the most part, it’s just looking like business-as-usual, which means we’re prepared,” he said.
Albuquerque police chief involved in crash while fleeing gunfire on East Central — KUNM News,The Albuquerque Journal
The man injured when Albuquerque’s Chief of Police ran a red light and crashed into his classic mustang is suing the city.
The Albuquerque Journal reports Todd Perchert suffered a broken collarbone, broken shoulder, eight broken ribs, and a collapsed lung among other injuries when Harold Medina struck the driver’s side of Perchert’s 1966 Ford Mustang on February 17.
Perchert was hospitalized for almost a week with an epidural painkiller and chest tube, and underwent a seven-hour surgery as part of his recovery.
Medina said he was fleeing from gunfire that broke out during a scuffle between two men. Medina was on his way to a press conference, but had stopped and called in police to clear a homeless encampment he said was blocking the sidewalk. Medina did not turn on his lapel camera during the incident.
Perchert says the lawsuit is about more than monetary compensation. He said he wants accountability for the Chief’s actions, which were praised by Mayor Tim Keller immediately following the incident.
Perchert and his wife said the city showed “a complete lack of concern” for his well being.
New Mexico State University names Torres interim president - Associated Press
Mónica Torres has been named interim president of New Mexico State University.
Torres currently is the chancellor of the NMSU system of community colleges and previously served as president of Doña Ana Community College.
The NMSU Board of Regents made the announcement Thursday.
On May 1, Torres will succeed Jay Gogue. He has served as interim president since April 2023 after former Chancellor Dan Arvizu stepped down when the regents didn't renew his five-year contract, according to the Las Cruces Sun-News.
Regents said Gogue will stay on the job until May 10 to allow for a brief transition period for Torres.
They said the goal is to select a new NMSU president by the end of this year.
Albuquerque animal shelters halt rabbit adoptions over Easter weekend – KUNM News
If you’re thinking of adopting a fluffy bunny for the Easter holiday, animal welfare advocates advise against it.
The City of Albuquerque Animal Welfare Department says it’s suspending rabbit adoptions at all city shelters until April 2.
Officials say the novelty of an Easter bunny often wears off, but rabbits are social creatures that need just as much attention as a dog or a cat.
Rabbit.org, an education and advocacy group, says rabbit rescue groups see a significant rise in the number of rabbits surrendered to shelters or abandoned on the streets right after Easter.
The organization reminds people that rabbits can live for 8 to 12 years and have specific dietary, housing, and exercise needs and require specialized veterinary care. They’re also not always cuddly pets. They can be territorial and may bite or scratch if not handled correctly.
Looking at a solar eclipse can be dangerous without eclipse glasses. Here's what to know - By Adithi Ramakrishnan, AP Science Writer
Millions of people along a narrow band in North America will look up when the sky darkens during a total solar eclipse on April 8. When they do, safety is key.
Staring directly at the sun during a solar eclipse or at any other time can lead to permanent eye damage. The eclipse is only safe to witness with the naked eye during totality, or the period of total darkness when the moon completely covers the sun.
Those eager to experience the eclipse should buy eclipse glasses from a reputable vendor. Sunglasses are not protective enough, and binoculars and telescopes without a proper solar filter can magnify light from the sun, making them unsafe.
"Please, please put those glasses on," NASA Administrator Bill Nelson said.
Where to find eclipse glasses
Since counterfeit glasses abound, consider purchasing glasses from a local science museum or order online from a seller cleared on the American Astronomical Society's website.
Eclipse safety experts say legitimate eclipse glasses should block out ultraviolet light from the sun and nearly all visible light. When worn indoors, only very bright lights should be faintly visible – not household furniture or wallpaper.
Old eclipse glasses from the 2017 total solar eclipse or October's "ring of fire" annular eclipse are safe to reuse, as long as they aren't warped and don't have scratches or holes.
Glasses should say they comply with ISO 12312-2 standards, though fake suppliers can also print this language on their products. NASA does not approve or certify eclipse glasses.
How to view the eclipse without glasses
If you don't have eclipse glasses, you can still enjoy the spectacle through indirect ways such as making a pinhole projector using household materials.
Poke a hole through a piece of cardstock or cardboard, hold it up during the eclipse and look down to see a partial crescent projected below. Holding up a colander or a cracker will produce a similar effect.
Another trick: Peering at the ground under a shady tree can yield crescent shadows as the sunlight filters through branches and leaves.
Eye experts warn against viewing the eclipse through a phone camera. The sun's bright rays can also damage a phone's digital components.
Why looking at a solar eclipse is dangerous
Eye damage can occur without proper protection. The sun's bright rays can burn cells in the retina at the back of the eye. The retina doesn't have pain receptors, so there's no way to feel the damage as it happens. Once the cells die, they don't come back.
Symptoms of solar eye damage, called solar retinopathy, include blurred vision and color distortion.
In a rare case of eclipse eye damage, a woman who viewed the 2017 eclipse without adequate protection came to Mount Sinai's New York Eye and Ear Infirmary, complaining of a black spot in her vision. Doctors discovered retinal damage that corresponded to the eclipse's shape.
"The dark spot she was describing was in the shape of a crescent," said Dr. Avnish Deobhakta, a Mount Sinai ophthalmologist.
There's no set rule for how long of a glance can lead to permanent damage. Severity varies based on cloudiness, air pollution and a person's vantage point.
But doctors say looking at a solar eclipse for even a few seconds unprotected isn't worth the risk. There are reports of solar retinopathy after every solar eclipse, and U.S. eye doctors saw dozens of extra visits after the one in 2017.
Spectators who plan ahead can secure a stress-free eclipse viewing experience.
"It can be dangerous if we aren't careful, but it's also very safe if we take the basic precautions," said Dr. Geoffrey Emerson, a board member of the American Society of Retina Specialists.
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