Ex-Cop Who Dropped Bombshell That Ended Alec Baldwin's 'Rust' Trial Breaks Silence

if this conduct does not rise to the level of bad faith it certainly comes so near to bad faith as to show signs of scorching Alec Baldwin's trial for the shooting death of Russ cinematographer helina Hutchin ended in spectacular fashion with a mistrial now the man who is a major part of that is breaking his silence on why he believes the film's armorer should be released from prison I would like to see it dismissed just like the Baldwin trial retired police officer Troy tusky is here to talk about his role in the case plus the special prosecutor now wants the judge to reconsider her decision to toss Alec Baldwin's case welcome to Crime fix I'm anginette Levy there have been some big developments in the rust case since Judge Mary Marlo summer declared a mistrial in Alec Baldwin's involuntary manslaughter trial that was back in July the special prosecutor Carrie morisy is now asking judge Marlo summer to rec consider her decision to dismiss Baldwin's case with prejudice if you followed the r case you probably can't forget how Alec Baldwin's trial imploded in July I'd never seen anything like it judge Marlo summer dismissed the involuntary manslaughter case against Baldwin with prejudice after she determined the prosecution failed to disclose it had received a batch of bullets that could have helped Baldwin with his defense the state's Discovery violation has injected a needless incurable delay into the instant jury trial dismissal with prejudice is warranted to ensure the Integrity of the judicial system and the efficient administration of justice your motion to dismiss with prejudice is granted now Baldwin faced that involuntary manslaughter charge in the death of filmmaker Helena Hutchin on the set of rust back in October of 2021 special prosecutor morisy wants the judge to order Alec Baldwin's attorneys to disclose when they found out about that ammunition that wasn't turned over to Baldwin's attorneys and that of course led to the mistrial the film's armorer Hannah Gutierrez Reed meanwhile is serving an 18-month sentence for Hutchinson's death but her lawyer is asking for a new trial more on that in a bit that batch of bullets that judge Marlo summer said prosecutors should have disclosed to the state came from Troy tesy he's a retired police officer and friend of Hannah Gutierrez Reed's father leg AR Hollywood armorer th Reed tusky said he had the bullets in Arizona since before the rush shooting in 2021 but law enforcement never collected them from him despite knowing about the rounds tesky stores th reads ammunition for him this is all a little bit confusing so you have to follow along tesy told me about how he discussed this in a pre-trial interview with special prosecutor Carrie morisy when it came up during the Alec Baldwin trial or pre-trial conference we had it on zoom and I was sitting right here talking to her and she she asked me all those questions there a bunch of questions but that was one of the questions is we we got into the ammo ammunition said do you have live ammunition that is from the same batch that Seth Kenny had in his possession and I said well I have some left it's been 2 years and um way back on November 1st of 2021 detective Hancock said that she was going to issue a warrant have the police department come and pick it up I don't think she got that specific but she I I said well we're going to have to do this through a warrant and um and that's how you would maintain the um when you have your evidence then then um that's how you would maintain the quality evidence by by the police department pick it up and then the police department send it to their Sheriff's Office and that was never done and so she said well well what happened to the ammo and I said well it th and I decided we you know nobody seemed to want it so we went out and shot up a bunch of our rounds because we had about two or three hundred rounds ourselves in in our batch our portion of the batch so we were out Target practicing and and uh and just using it so then finally I we got towards the end of the batch and I had about my had it ended up being 19 rounds left and I thought well I better keep those rounds just in case somebody wants them again because she in that interview which was just a few months before Anna's trial she said do you have that ammo and oh you shot it up and you're you're destroying evidence' and I saidwell you I'm not sure it's evidence if you don't pick it up you if you forget about it for several years so um they um nobody seemed to want it I cover so many terribly sad cases here on crime fix and I'm able to do that because of sponsors like Morgan and Morgan and they're sponsoring today's law and crime YouTube takeover if you've seen our videos you know the world it can be a very scary place and it's definitely not always safe so if you're ever hurt you may need a lawyer to help you Morgan and Morgan has more than one 1,000 attorneys that you may want in your corner it's America's largest injury law firm and for good reason the firm wins a lot just in the last few months Morgan and Morgan has secured several multi-million dollar verdicts that were considerably higher than the highest insurance company offer from submitting a claim to uploading documents to signing contracts all of this can be done from your smartphone in eight clicks or less so if you're ever hurt you can easily start a claim at forthepeople.com YouTube takeover now some of these rounds appear to be the same ammunition as the round that killed helina Hutchins their Starline brass 45 caliber rounds with a nickel primer tesy turned the batch of rounds and it was a mix of ammo into the Santa Fe county sheriff's office at the end of Hannah Gutierrez Reed's trial in March part of that interaction was captured by body cameras wherever you want to go to get can go to the interview sure can fill out a statement or something statement what I was I'm a witness called here as a witness the trial and I live in Arizona so it's a long way I and then they didn't want the other okay that's fair that's fair you guys or not yeah I don't care what you do with it I just don't want to have it okay and they're they're um there 45 partridges like that are from the set um no no okay you want to know the details now you're going to hear more from Troy tesy and in a bit and you might be asking why does any of this matter well the defense for both Baldwin and Hannah Gutierrez Reed always questioned how the live rounds got on the set of rust the prosecution says that Hannah Gutierrez Reed brought the live rounds on set these are photographs from Hannah gutierrez's cell phone extraction and they show spot-on match for the live rounds found on the set of rust the defense for both Al Baldwin and Hannah Gutierrez Reed always question whether the live ammunition could have made its way to the set from Seth Kenny the owner of PDQ props did you provide props and ammunition to the set of the movie rust I did Kenny had been with Hannah gueris Reed's father fell Reed at a cowboy training camp for the Yellowstone 1883 movie in Texas earlier in 2021 and where where did those live who who who provided those live rounds did you provide them did they provide them they provided the live rounds and uh we met in Albuquerque and at that point he loaded up his luggage and everything he needed for the for a couple of months when you say you met in Albuquerque how did how did he get to Albuquerque he he and Hannah his daughter drove out together we met in Albuquerque prepped her out for the Nick Cage movie and just for the record where did they drive from they both drove from Bullhead City thank you so they came to Albuquerque and did they have the live ammunition with them they did and where did you all go from there she uh loaded up and left to Livingston Montana to work the Nick Cage movie and sa and I loaded up the Sprinter with everything we needed and we headed straight to Texas and did you take that live ammunition with you to Texas we did and did the uh actors uh get to have their training camp they did and was there any ammunition left over there was where did it go it stayed in Texas for an undetermined amount of time I I could never figure out when it came back to my shop so the defense teams have always questioned could the live 45 caliber rounds from the cowboy training camp have ended up on the set of rust via Seth Kenny's prop house Troy tesy believes it's possible he stores the reads ammunition for him as I mentioned had it in my possession prior to um 1883 um went Yellowstone 1883 I had that that ammunition and we took it it came in a batch and about half the batch sell and I poured into this ammo can and I had the second half of that batch and and uh and so it was way back in October well it was it was prior to October maybe September that I that we had it it may have been before that maybe a couple months before that of 2021 so that was before everything went to went to the 1883 um training camp that uh pH was going to use it at so I've had that for a long long time now during that explosive Hearing in July during Alec Baldwin's trial Seth Kenny testified about what he provided to the set of rust how certain are you that you didn't provide any live rounds to the set of rust I I have provided blanks and dummy rounds and guns to over a thousand different Productions and on average it's five to 10 guns per episode per per feature film and each gun would typically have about 10 dummy rounds with it so that's between 50 and 100,000 dummy rounds and I have never spent more time with a single box of dummy rounds than the rounds that came from 1883 the dummy rounds that win to R so there there was never a question in my mind that I provided the uh live ammunition to Rost Baldwin's defense team then cross-examined Kenny about his claim that the dummy rounds he supplied to Russ did not contain live ammunition and um you telling this court that of all the dummy rounds and all the Productions in all the years these 50 were the ones that you checked the most they they required the most time because of the antiquing and because that again some of them were had a muddy rattle so there was no point in providing a dummy round that had a muddy rattle to set that's the last thing you want to have Happ happen um and so each one had to ring clearly with the number two Le shot inside of it and of all the dummy rounds on all the sets these ones had a muddy rattle no the ones that were excluded had a muddy rattle now tesy and others have suggested the Sheriff's Office didn't properly investigate other possible suspects who could have been responsible for the ammunition ending up on the set Alec Baldwin's lawyer maintained and contended that Seth Kenny was just way too helpful uh he was way too involved in all of this uh what are your feelings about that well I I look at it from from the investigation standpoint and my thought is there are suspects in this in this scene in this whole production there suspects that had live ammo and um one of them was uh Sarah Zachary and another one was Nicole um Montoya I think it's Nicole Montoya and she and then there's Seth and then there's Hannah so there are about four people who if I were doing the investigation would have been suspects and Seth was one of those people and and he seemed like one of the most most important suspect because I knew that he had hot live rounds um that uh that he could have somehow put on into the set tusy and even Hannah Gutierrez Reed's lawyer at one point suggested that Seth Kenny may have tried to sabotage Hannah Gutierrez Reed a week before the shooting just about a week before it would take a couple days I think we had a couple conversations where he called me and and he was he was frustrated because he Saidi can't work with Hannah I cannot work with Hannah anymore I don't want her on any sets I don't anymore I want I'd like to see her out of Hollywood and I thought wow why are you so angry and and um he just said well she's she was very inappropriate with Sarah Zachary which is her boss and um and said that she was calling her horrible names and disrespecting her and he said that she was a good Christian woman and she didn't deserve that kind of behavior but he seemed very very angry with with Hannah special prosecutor morresy wrote in her new motion there is absolutely no evidence that live ammunition was planted on the set of rust by a sabator or provided by Mr Kenny or Miss Zachary all suggestions that the live ammunition was planted by a sabator or provided by anyone other than Miss Gutierrez is ranked speculation Kenny testified that the Sheriff's Office sees th Reed's live ammo from the 1883 Cowboy Camp a month after the shooting on the set of rust what happened to the ammunition that was in this can that you brought back from Texas it sat in that bin in the bathroom and was and ultimately when did it leave PDQ under what circumstances oh when they when the sheriff's department executed a search warrant on the um on my business they took all of it yes they weren't entitled to all of it but I just said take all of it they the warrant specified it had to be Starline brass and I just told him take it all so everything that you brought back from Texas is in the custody of the sheriff's department correct did you have reason to believe that Mr Reed and Mr tesky wanted to blame uh the introduction of the live rounds to the set of rust on you to varying degrees yes now special prosecutor Mory you may recall testified at that hearing in July as well she said she didn't believe that the 45 caliber live rounds from the set of rust came from the same batch as the cowboy camp but she also said she hadn't seen the batch that Troy tesy turned in prior to that day they never went to Texas they never came to New Mexico that's what all of the evidence indicated so I understood that detective Hancock had communication with Mr tusky about trying to get those rounds and detective Hancock was unable to get those rounds from Mr tusy I did not find that particularly concerning because those rounds had never left Arizona the filming of rust was in the state of New Mexico and the rounds that were taken from from PDQ went from Arizona to Texas to Albuquerque so ammunition that is in the state of Arizona that has never left Arizona did not strike me that it had significant evidentiary value then oh and I will tell I will say I believe I actually saw a photo of it at that point in time I was was able to look at the ammunition myself and it was visibly dissimilar than the rounds from the set of rust we then cut to November of 2023 Mr bulls has put Mr tusky on a witness list for the Hannah gutier case we conducted a pre-trial interview with Mr tesy on November 2nd of 2023 at that point in time he brought up that he was still in possession of these live rounds that were thel Reeds live rounds that had never left the state of Arizona I then when he start I think he I think he indicated during the pre-trial interview that they were from the same batch that was sourced from Joe Swanson and I then said we should get those from you I had a conversation with Detective Hancock after that pre-trial interview about how we could get the rounds from Mr tusy and we were trying to figure out if we could send a local law enforcement agency to pick them up of course Troy tusy says there was never any followup it never happened now he and Hannah Gutierrez reads father are hopeful she'll get a new trial ultimately Hannah is the person responding responsible for all of the firearms and and the ammunition on the set correct well when when it gets to her it goes to the property Master first yeah and for her training and stuff yeah but uh the stuff about the d uh the live round she never had those she never had them from me she never asked her she never had those she'd never been arrested for anything in her life never now they got a in there for man slaughter it's it's ludicrous it's crazy Hannah Gutierrez Reed has pleaded guilty to a charge related to her bringing a gun into a bar a hearing on her motion for a new trial is scheduled for later this month tusy said he's hopeful about Hannah Gutierrez Reed's request to be released because of what happened in the Baldwin trial so because those similarities of those trials both the same there was information um Discovery violations by prosecution with with two types of evidence and because of those because of those then you have the Brady violations you the Brady violations that that in in um in the end forced the judge to dismiss the case so I would like to see and dismiss the case with prejudice that means that um Baldwin can't be charged again for this and I would like to see her case people resolve with that and it should have happened in my opinion it should have happened the next day or the next few days but instead they put her back into prison and she's been sitting there for a month and she's got another month the special prosecutor of course is opposing Hannah gutieres Reed's request for a new trial despite conceding that she didn't turn over a final Firearms report before her trial and that's it for this episode of crime fix I'm an Janette leevy thanks so much for being with me I'll see you back here next time