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Baldwin faces 18 months in prison as a result of DA dropping gun enhancement

Baldwin faces 18 months in prison as a result of DA dropping gun enhancement

If convicted in the fatal shooting of cinematographer Halyna Hutchins on the New Mexico set of the Western movie "Rust", Alec Baldwin could face a maximum of 18 months behind bars following the decision to downgrade his involuntary manslaughter charge. This downgrade is considered a significant win for Baldwin. Alec Baldwin, who is accused of the fatal shooting of cinematographer Halyna Hutchins on the New Mexico set of the Western movie "Rust", has received a significant win as his involuntary manslaughter charge was downgraded.

In the previous month, prosecutors charged Alec Baldwin with involuntary manslaughter, claiming that he had skipped mandatory firearms training and fostered an atmosphere of recklessness on the set. Prosecutors also warned that a firearm enhancement to the charge could have led to a mandatory five-year prison sentence. However, the firearm enhancement was dropped by New Mexico First Judicial District Attorney Mary Carmack-Altwies on Friday, as per new court documents disclosed on Monday. 

Consequently, Baldwin could be sentenced to a maximum of 18 months in prison if he is found guilty. Heather Brewer, the spokesperson for the District Attorney, stated that the firearm enhancement to the involuntary manslaughter charges in Halyna Hutchins' death on the "Rust" film set was removed by the DA and the special prosecutor. This action was taken to avoid further litigation distractions by Alec Baldwin and his legal team. The prosecution's primary focus is to achieve justice, rather than securing billable hours for metropolitan lawyers.

This month, Alec Baldwin submitted a motion to dismiss special prosecutor Andrea Reeb from the case, invoking New Mexico's separation-of-powers statute. Baldwin's lawyers contended that Reeb, who is a member of the state House of Representatives, should be prohibited from functioning as a prosecutor because the state constitution prohibits a "sitting member of the Legislature" from "exercising any powers properly belonging" to either the executive or judicial branch. This was revealed in a filing made with the First Judicial District Court of New Mexico.

The state prosecutors also accused Hannah Gutierrez-Reed, the armorer of the film, who was in charge of handling weapons on the set, of involuntary manslaughter. They also removed the gun enhancement charge against her.Jason Bowles, the attorney representing Hannah Gutierrez-Reed, stated in a release that they appreciate the District Attorney's choice to withdraw the firearm enhancement charge, which they believe was the ethical and just decision. However, Baldwin's lawyers declined to provide any comments regarding the latest development. They had previously opposed the enhancement on the grounds that it was unconstitutional since it was added subsequent to the shooting.

In a prior court filing, Baldwin's lawyers stated that the prosecutors made a fundamental legal mistake by charging Baldwin under a version of the firearm-enhancement statute that was not in place on the day of the accident. On October 21, 2021, while practicing for a scene with a pistol, Baldwin inadvertently fired the gun, causing the death of Hutchins and injuring director Joel Souza, according to authorities. Baldwin has denied any culpability in the matter. Luke Nikas, one of Baldwin's attorneys, has referred to the charges as a "terrible miscarriage of justice." Nikas has previously indicated that the defense would contest the allegations and emerge victorious. "Mr. Baldwin had no cause to believe that there was a live round in the gun - or anywhere on the film set," Nikas stated. "He relied on the professionals he worked with." Baldwin's upcoming court hearing is set for Friday.

Entertainment
2505 reads
March 3, 2023
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