Alec Baldwin no longer faces 5 years in prison for fatal “Rust” shooting; Big win for actor in battle with Santa Fe DA

Although he still faces involuntary manslaughter charges, Alec Baldwin will not face a five-year sentence for the fatal shooting in 2021. rust Cinematographer Halyna Hutchins.

“To avoid further inferences from Mr. Avoiding Baldwin and his lawyers, the district attorney and special prosecutor dropped the addition of firearms from the involuntary manslaughter charges in the death of Halyna Hutchins rust Film set,” Heather Brewer, spokeswoman for New Mexico First Judicial DA Mary Carmack-Altwies, told Deadline this morning. “The priority of the prosecution is to secure justice, not to secure billable hours for big-city attorneys,” said a clear search for the controversial Baldwin and his lawyers.

After an extensive and FBI-backed investigation by the Santa Fe County Sheriff’s Office late last year, Baldwin and rust Gunsmith Hannah Gutierrez-Reed was formally indicted on January 31 by District Attorney Carmack-Altwies on two counts of involuntary manslaughter in the tragic death of Hutchins at Bonanza Creek Ranch on October 21, 2021. rust Director Joel Souza was wounded in the shooting.

The first trial in the rust The case is set for February 24, with Baldwin and Reed scheduled to virtually join.

Under New Mexico law, the first charge, a fourth-degree misdemeanor, carried lighter consequences and carried an 18-month prison sentence and a $5,000 fine. The second charge, involuntary manslaughter in a lawful act, was also a fourth-degree felony punishable by up to 18 months in prison and a fine of up to $5,000. Now dismissed, however, the second charge also included a firearms enhancement that converts the felony to a mandatory five years in state prison if convicted.

It was that second indictment and the most recent law that led to the ruling that Baldwin and his lawyers at Quinn Emanuel Urquhart & Sullivan began fighting with the prosecutor earlier this month.

An argument they have now won.

The first amended filing of the criminal information with the New Mexico court took place on February 17th, but was released today (read it here). It now reads: “Count 1: Involuntary Manslaughter (0007), on or about October 21, 2021 in Santa Fe County, New Mexico, at the Bonanza Creek Ranch at 545 Bonanza Creek Road, Santa Fe, New Mexico 87508 the above defendant causes the death of Halyna Hutchins, committed in the commission of a tort, namely: negligent use of a deadly weapon, in violation of 30-7-4(a)(3) and/or 30-7-4(a) ( 4 ), a fourth degree felony in violation of NMSA 1978 Section 30-2-3(B)(1994).

Reed’s attorney Jason Bowles said on Deadline today, “We welcome the district attorney’s decision to drop the weapons upgrade, and it was the right decision, ethically and on the merits.” Baldwin officials contacted by Deadline did not comment Monday on the prosecutor’s move.

It goes without saying that the multiple Emmy winner and his New York-based legal team should be excited about their successful challenge to the charges and the blunt end of the sword of Damocles hanging over Baldwin and co-defendant Reed.

“The plaintiffs in this case committed an unconstitutional and fundamental error of law by charging Mr. Baldwin under a statute that did not exist at the time of the accident,” Baldwin’s defense team said in a motion filed on February was filed in the New Mexico court. “As such, it appears that the government intended to impeach the current version of the Firearms Improvement Act, which was not introduced until May 18, 2022, seven months after the accident,” the filing states.

“Consequently, this improvement should not be limited,” the document adds, in an opinion that has divided legal experts. “Applying the current version of the law would be retroactively unconstitutional and the government has no legal basis to charge Mr Baldwin with the version of the law that was in effect at the time of the accident.”

Prosecutors slammed Baldwin and his “pleasant attorneys,” responding at the time by saying, “In accordance with good legal practice, the District Attorney and Special Prosecutor will review all applications — even those presented to the media before they are served.” to the DA.”

The outcome of Carmack-Altwies’ self-described assessment, which continues to battle Baldwin and his decidedly emboldened team over their efforts to remove Special Counsel Andrea Reeb from the case over her dual role as New Mexico GOP congresswoman-elect, is not a good one. result. Position that the prosecution will have to contend with in what could be a long and bitter trial – if it comes to that.

For your information, New Mexico Judge Mary Marlow Sommer granted the DA her request for an answer to the defense’s motion regarding Reeb until March 6.