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(SANTA FE, N.M.) — A New Mexico judge will weigh whether to dismiss the case against “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins, after dismissing the case against Alec Baldwin for evidence suppression.

Judge Mary Marlowe Sommer heard arguments during a virtual hearing Thursday on a defense motion seeking a new trial or dismissal of Gutierrez’s case.

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

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.

The judge said in court on July 12 while issuing her ruling that the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”

During Thursday’s hearing, defense attorney Jason Bowles said the “significance of the items that were suppressed were favorable and material” to Gutierrez.

Bowles told the judge that he became aware of the ammunition at the heart of Baldwin’s dismissal — which had been brought forward by his witness, Troy Teske, during Gutierrez’s trial — but directed Teske to bring it to the sheriff’s office because he “didn’t want to be in the chain of custody.”

“We weren’t told what happened” after that, Bowles said. “We weren’t able to utilize those rounds.”

He also argued that the state suppressed additional evidence, including one of firearm expert Luke Haag’s reports on the revolver involved in the shooting, and an interview with Seth Kenney, the owner of the prop firearms supplier for “Rust.”

“This pattern of discovery abuse occurred in Miss [Gutierrez’s] case in the same manner that it occurred in Mr. Baldwin’s case,” Bowles said, saying they are “asking for dismissal on the same basis that this court dismissed Mr. Baldwin’s case.”

Morrissey argued that Gutierrez and Bowles can’t rely on the dismissal of Baldwin’s case over the rounds because they were in the possession of his witness, Teske.

“She and her lawyer had them during trial and chose not to use them,” she said. “That is exactly what happened,”

“They don’t get to now come and say we made a strategic error, so give us a new trial,” she continued.

Morrissey argued that the other evidence raised by Bowles was not material and said the state did not intentionally withhold evidence.

“Nothing was intentionally buried,” she said, adding that the case had a “terabyte of discovery” with new discovery “coming in constantly.”

She admitted to failing to provide the defense with one of Haag’s report, saying she forwarded it to him when she realized it after Gutierrez’s trial.

“When I realized during the Baldwin preparation for trial that that did not occur, I immediately, I took full responsibility for it,” she said. “We did the best we could do resolve it at that point.”

Morrissey argued that Haag’s findings on the revolver still would not help the defense if there were a new trial. She also argued that the defense could have found the evidence before Gutierrez’s trial themselves through “due diligence.”

Bowles additionally alleged in his motion that Morrissey lied under oath during a motion hearing during Baldwin’s trial and asked that if the judge granted a new trial, to remove Kari Morrissey as the special prosecutor. “I don’t do it lightly,” he told the judge Thursday.

Morrissey contended in court filings that she didn’t lie under oath. During Thursday’s hearing, she said she stands by her response while adding that the defense did not include the legal analysis in their motion to remove her as prosecutor.

“This isn’t just something that you randomly ask for,” she said. “The legal analysis has to be conducted, and it hasn’t been conducted here.”

Thursday’s hearing also addressed a defense motion asking for Gutierrez’s immediate release from prison.

Judge Marlowe Sommer said she will issue rulings on both motions next week.

A jury found Gutierrez guilty of involuntary manslaughter in the death of Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver fired a live round.

Prosecutors argued during the March trial that the armorer was the source of the live bullet that killed Hutchins and had failed to follow safety protocols meant to protect the crew while handling the firearms.

Gutierrez was sentenced in April to 18 months in prison, the maximum for the offense.

The defense had filed an appeal in May.

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(AUBURNDALE, Fla.) — A Florida teenager has been charged with murder in the fatal stabbing of his mother, less than two years after he was arrested for fatally shooting his father but never charged, authorities said.

Polk County Sheriff Grady Judd said during a Wednesday press briefing that the teen had previously allegedly threatened to kill his mother before Sunday’s “cold-blooded murder.”

The stabbing occurred after the teen, 17-year-old Collin Griffith, and his mother, 39-year-old Catherine Griffith, were seen having an altercation outside a mobile home in Auburndale, according to Judd.

“There were witnesses outside the mobile home that actually saw Collin drag his mother into the house by the hair on her head,” the sheriff said.

Griffith called 911 Sunday evening to report that his mother “fell on a knife” and was bleeding from the neck, Judd said. The teen reportedly said his mother had lunged at him with the knife when she fell on it during a prolonged fight inside the home, according to Judd.

The home belongs to the teen’s grandmother, who was not there at the time of the incident, Judd said.

When deputies arrived, the teen met them outside and was “calm, cool, collected – not upset,” Judd said. Griffith reportedly told them, “I know my rights, I want an attorney,” according to Judd.

A bloody kitchen knife with an 8-inch blade was found inside the home, the sheriff said.

During an autopsy conducted on Monday, the medical examiner determined that Catherine Griffith died from a deep knife wound to the neck that was inconsistent with an accidental injury, according to Judd.

“The medical examiner said it is not reasonable or plausible that she died the way that [her son] said she did,” Judd said.

Collin Griffith is in custody and has been charged with first-degree murder, Judd said, adding that they have asked the state attorney’s office to prosecute the teen as an adult.

The State Attorney’s Office 10th Judicial Circuit, which includes Polk County, told ABC News on Thursday they have no comment on the case at this time.

It is unknown if Griffith has an attorney. ABC News’ attempts to reach his grandmother were unsuccessful.

Judd said as investigators started to “peel back the layer of this onion,” the teen’s family told investigators that he had previously been physically or verbally confrontational with his mother.

Sheriff’s office reports out of Charlotte County in Florida, where Collin Griffith and his mother lived, showed that he had allegedly threatened to kill her in statements purportedly made in September 2023 and, most recently, in February, according to the charging affidavit for his mother’s murder.

Collin Griffith was also arrested by the Charlotte County Sheriff’s Office for domestic violence battery against his mother in November 2023, according to Judd.

“She was disciplining him and took his video game privileges away, so he beat up his mother,” Judd said. “He pushed her to the ground and he stomped on her.”

Days before the stabbing, Collin Griffith and his mother had an argument about chores and he went to his grandmother’s home, Judd said. Catherine Griffith went to the grandmother’s home on Sunday to bring him back to hers, and she and her son were seen arguing outside of the grandmother’s home around 4:30 p.m., fewer than two hours before the teen called 911 to report the stabbing incident, Judd said.

While investigating the stabbing, the sheriff’s office learned that authorities in Oklahoma also had arrested the teen last year in connection with the fatal shooting of his father, Charles Griffith, at their home in Lincoln County.

Collin Griffith told authorities that he shot his father in self-defense on Feb. 14, 2023, during an argument that turned physical, according to Adam Panter, the district attorney for Oklahoma’s 23rd District, which includes Lincoln County.

During a 911 call, the teen said he grabbed a rifle and shot his father twice after his father chased him into a bedroom while armed with a knife, according to the district attorney.

“At the start of his police interview, he requested an attorney and the interview was terminated, so the only version of events that we were able to obtain was what Collin said on the 911 call, which was consistent with the evidence we found at the scene,” Panter said in a statement to ABC News.

State police investigated forensic and digital evidence and no charges were ever filed against the teen in the case, Panter said.

“Ultimately, after evaluating all of the evidence and possible theories, it was determined that we could not rule out self-defense and as a result, declined to file any formal charges,” Panter said.

Both Panter and Judd said any relevant information obtained in the investigation into the mother’s death will be considered in connection with the shooting of the teen’s father.

“If any new evidence is obtained that is both relevant and credible to our investigation into the death of Collin Griffith’s father, we will certainly re-evaluate the case and make a new determination if necessary,” Panter told ABC News.

Following the Oklahoma shooting of his father, Collin Griffith came to Charlotte County in Florida in March 2023 to live with his mother, Judd said.

He was “being intensely watched” by the county’s sheriff’s office prior to the stabbing, Judd said. Griffith had been placed on active juvenile probation following his arrest in November 2023 for battery domestic violence in connection to his physical attack on his mother, according to an affidavit.

A spokesperson for the Charlotte County Sheriff’s Office told ABC News that its juvenile unit had been working with the teen and his family “in various ways to include connecting them with available resources.”

“I cannot expand any further on that as I am not privy to those interactions, and because he is a minor,” the spokesperson said.

The Florida Department of Children and Families (DCF) had also been in contact with the family, including after the teen ran away from home in February following an argument with his mother, according to Judd.

A spokesperson for DCF, which investigates allegations of abuse, neglect or abandonment, said information regarding its investigations is confidential, per state law.

Judd said they are looking into Collin Griffith’s history and interactions with other agencies in Florida and Oklahoma as they investigate the case.

“My question is, was there anything else that could have been done?” he said

He noted that the Charlotte County Sheriff’s Office did a “remarkable job keeping up” with Collin Griffith.

In addition to murder, Collin Griffith has been charged with kidnapping and violation of a no-contact order, the sheriff’s office said. The charges stem from his juvenile probation in Charlotte County for battery domestic violence, with conditions including that he have no contact with his mother, according to the affidavit.

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(FORT WALTON BEACH, Fla.) — A circuit court judge denied a former Florida deputy pre-trial release in connection with the shooting death of United States Air Force Sr. Airman Roger Fortson who was killed in his own home.

Rod Smith, the attorney for ex-deputy Eddie Duran, 38, who made his first court appearance Tuesday via Zoom, asked the court for Duran’s release until his next court appearance on Thursday at 12:30 p.m.

“I think he should be released now. We’ll be back Thursday. And there’s no reason to think – we’ve had this thing hanging over us since May,” Smith said. “We believe that he’s no risk, no flight risk. He’s going to show up there. He’s going to show up anytime.”

The state argued that Duran should not be granted pre-trial release because of a new Florida statute that requires him to stay in custody without bond as he is charged with a first-degree felony. The Okaloosa County Circuit Court judge told Duran that he would stay in jail until his next hearing.

Duran’s arrest on Monday comes after the Florida state attorney filed one count of manslaughter with a firearm against him on Friday. The charge carries a maximum sentence of 30 years.

Fortson, 23, was in his home in Fort Walton Beach, Florida, on May 3 when Duran responded to the apartment for a call reporting a domestic disturbance, according to the Okaloosa County Sheriff’s Office. Fortson was alone in the apartment at the time, police said.

In body-worn camera footage released by the sheriff’s office, Fortson is seen holding a gun in his right hand with his arm extended downward and the muzzle pointing at the floor as he opens the door in response to the deputy, who can be heard announcing twice that he’s with the sheriff’s office. The footage, reviewed by ABC News, also shows Fortson had his left hand up, palm showing, gesturing towards the deputy when he opened the door.

Duran shot Fortson within seconds of the door opening, according to the footage. Fortson died of his injuries.

The deputy said he saw Fortson armed with a gun and claimed that Fortson took a step toward the deputy and had a look of aggression in his eyes, according to an interview Duran conducted with the sheriff’s office during their subsequent investigation.

The deputy was terminated in May, according to a sheriff’s department statement obtained by ABC News.

Fortson’s girlfriend, who asked not to be identified due to fears for her safety, spoke in May to Atlanta ABC affiliate WSB-TV, telling the station her and Fortson were having a conversation on the phone about weekend plans when the shooting occurred.

“We continue to wish Mr. Fortson’s family comfort and peace, as the former deputy’s criminal case proceeds,” the Okaloosa County Sheriff’s Office previously told ABC News in a statement. “We stand by our decision to terminate Mr. Duran as a result of the administrative internal affairs investigation that found his use of force was not objectively reasonable.”

A sweep of the home did not find another person in the apartment besides Fortson, police said. In the body camera video, a woman, presumed to be a building manager, explains to the officer that someone in the building notified her of the disturbance and that she called police.

Fortson’s family said in a statement to ABC News on Friday that the charges marked a “first step towards justice” in the case.

“Nothing can ever bring Roger back, and our fight is far from over, but we are hopeful that this arrest and these charges will result in real justice for the Fortson family,” the statement said. “Let this be a reminder to law enforcement officers everywhere that they swore a solemn oath to protect and defend, and their actions have consequences, especially when it results in the loss of life.”

The state attorney’s office said it’s very limited in what it can say because there is still an ongoing investigation.

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