Actor Alec Baldwin, who was recently charged for the death of cinematographer, Halyna Hutchins, after accidentally shooting her with a gun on the set of Rust, has new information detailed. Rust prosecutors have announced they are dropping a five-year drop gun enhancement against Baldwin.
Prosecutors have dropped a five-year gun enhancement after the defense argued that the law didn’t apply at the time of the shooting on the set of the movie.
The film’s star, Baldwin, and armorer, Gutierrez-Reid, face up to 18 months in prison if convicted of involuntary manslaughter in the death of cinematographer Hutchins. The chargers were first filed on January 31st, where prosecutors tried to enforce laws to toughen penalties for gun crimes. Under New Mexico law, the defendant can face an additional five years in prison if the firearm is fired during the course of the felony.
That law didn’t go into effect until May 2022, seven months after Hutchins’ death. The gun enhancement, which went into effect in October 2021, required defendants to demonstrate “intent to intimidate or injure a person,” which did not apply during the accidental shooting of Hutchins.
An article written by Variety explained how the prosecutors handles the situation and what they began to argue. “In order to avoid further litigious distractions by Mr. Baldwin and his attorneys, the District Attorney and the special prosecutor have removed the firearm enhancement to the involuntary manslaughter charges in the death of Halyna Hutchins on the ‘Rust’ film set,” said Heather Brewer, a spokeswoman for the D.A.’s office. “The prosecution’s priority is securing justice, not securing billable hours for big-city attorneys.”
On February 10, Luke Nikas, Baldwin’s lawyer, argued that the prosecutors had made a “legal error,” by claiming charges that weren’t in the book when Rust was filmed. Nikas then argued that this was a clear violation of the constitutional protection against “ex post” prosecution.
The trial continues: Baldwin and Gutierrez-Reed are set to be arraigned via Google Meet on Friday.
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