Actor Alec Baldwin and “Rust” actress Hannah Gutierrez-Reed breathed a sigh of relief on Monday morning.
Both have been charged with two counts of involuntary manslaughter over the death of cinematographer Halyna Hutchins and are facing their first trial later this month.
However, on Monday, the Santa Fe District Attorney decided to drop the firearms enhancement charges against each of them, meaning that they may not face time behind bars.
Alec Baldwin & ‘Rust’ Armorer May Not Go to Jail After DA Drops ‘Rust’ Firearms Charges
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Both Alec Baldwin and “Rust” shield Hannah Gutierrez-Reed could not spend any time in prison for the death of Halyna Hutchins, even if they were convicted. Both face two counts of involuntary manslaughter. Under New Mexico law, a charge of involuntary manslaughter is a fourth-degree felony and is punishable by up to 18 months in prison and a $5,000 fine.
The firearms enhancement, placed on the second charge, would result in a mandatory five-year prison sentence if either of them is convicted. However, on Monday, TMZ was the first to report that the DA had dropped the charges. New Mexico law adds a firearms enhancement charge to apply to cases where the gun is “branded”.
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This means that Baldwin had to use a gun to intimidate and injure someone. Since Baldwin was rehearsing a scene for a movie and reportedly didn’t know the gun was loaded, it doesn’t apply to this situation.
If that wasn’t enough, the gun enhancement statute was not enacted at the time of Hutchins’ death in October 2021. The law only went into effect seven months later. According to legal documents filed by Baldwin’s team, via Deadline, “The prosecutors in this case committed an unconstitutional and fundamental legal error by charging Mr. Baldwin under a statute that did not exist on the date of the accident.”
Enhanced Firearms Charge Enacted Months After Halyna Hutchins’ Death
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The paper went on to say, “It therefore appears that the government intends to impose the current version of the gun enhancement statute, which was not enacted until May 18, 2022, seven months after the accident.”
“Therefore, the increase should not be binding,” the legal document states. “Applying the current version of the statute would be unconstitutionally retroactive, and the government has no legal basis to prosecute Mr. Baldwin under the version of the statute that existed at the time of the accident.”
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Two weeks ago, the Santa Fe DA’s office appeared ready to uphold the firearms enhancement charge. Spokeswoman Heather Brewer argued, “”The District Attorney and the special prosecutor are actively reviewing all applicable laws to ensure they have the strongest possible case to get justice for Halyna Hutchins.”
Following a motion filed by Baldwin’s legal team, the Santa Fe District Attorney’s office alleges that the “30 Rock” actress is attempting to “distract attention from the gross negligence and complete disregard for safety on the set of ‘Rust’ that led to Halyna Hutchins’ death.”
Santa Fe DA Insists Everyone Will Be ‘Held Accountable Under Law’
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“Another day, another motion from Alec Baldwin and his lawyers in an attempt to distract from the gross negligence and complete disregard for safety on the set of Rust that led to the death of Halyna Hutchins,” spokeswoman Heather Brewer told Deadline.
“In accordance with good legal practice, the District Attorney and special prosecutor will review all motions—even those given to the media—before they are presented to the DA,” Brewer added.
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“However, the focus of the DA and the special prosecutor will always remain on making sure that justice is served and that everyone–even celebrities with high-end lawyers–are held accountable under the law,” added Brewer.
Even so, it looks like Baldwin’s legal team prevailed and the “Rust” gun enhancement charges were dropped. Now, he no longer has to face a mandatory sentence of five years in prison if convicted.
Alec Baldwin & ‘Rust’ Armorer May Not Go To Jail, Despite Conviction
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If Baldwin, or “Rust” shield Hannah Gutierrez-Reed, are convicted of involuntary manslaughter, they face up to eighteen months in prison.
However, it is up to the judge’s discretion whether to make him face any jail time at all. It’s possible the judge could give him less time or probation.
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The charges were first announced in January and were formally filed at the end of the month. In a brief statement made at the time, Baldwin’s attorney, Luke Nikas, said, “This verdict distorts the tragic death of Halyna Hutchins and represents a terrible miscarriage of justice. Mr. Baldwin had no reason to believe there were live rounds in the gun — or anywhere else on the film set.”
“He relied on the professionals he worked with, who assured him the weapon had no live ammunition,” Nikas continued. “We will fight these charges, and we will win.”
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Source: thtrangdai.edu.vn/en/
