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How Frank Koucky, defense firearms expert witness, handled revolver in court on Mar. 5, 2024, Hannah Gutierrez-Reed (inset) via Law&Crime Network
On the ninth day of “Rust” armor Hannah Gutierrez-Reed’s involuntary manslaughter trial over the 2021 Santa Fe, New Mexico, movie set death of cinematographer Halyna Hutchins, a defense expert witness in firearms incited the ire of the prosecution for appearing to point a revolver in the trial judge’s direction while demonstrating if the gun was loaded.
Frank Koucky III’s trip to the witness stand to testify — in a case about firearms safety or lack thereof — immediately caused a stir, as the prosecution called jurors’ attention to the way he handled a revolver moments earlier, when the judge made a request 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,” said Judge Mary Marlowe Sommer of the First Judicial District Court. Koucky obliged by pointing the revolver down and then, for an instant, in Sommer’s direction — prompting a deputy to reach out and push the gun down.
Special Prosecutor Kari Morrissey noticed.
“Do you agree with me that basic gun safety requires that the handler of the gun not point the gun at anyone?” she asked, perhaps previewing the kind of questions that may be asked of actor Alec Baldwin’s defense on how a prop gun fired a real bullet at Hutchins on Oct. 21, 2021 (Baldwin has claimed he “would never point a gun at anyone and pull a trigger at them”).
“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 down?” the prosecutor asked as the defense shouted “objection.”
Morrissey moved on, but the incident reportedly left some in the courtroom rattled.
Watch the courtroom exchange below:
