Alec Baldwin is fighting back after being formally charged for the fatal shooting of Rust cinematographer Halyna Hutchins!
As we’ve been reporting, the 64-year-old actor, alongside armorer Hannah Gutierrez-Reed, has been charged with two counts of involuntary manslaughter for their roles in the director of photography’s death. The first charge carried a maximum sentence of 18 months in prison and a $5,000 fine. However, the second charge also included a firearm enhancement – which means Alec could be behind bars for a mandatory five years in state prison! He’s facing some serious time if found guilty – but it looks like he already found a way out of it!
According to TMZ, his attorneys filed legal documents on Friday, challenging the firearm enhancement charge. The legal team argued that the prosecutors committed an “unconstitutional and elementary legal error by charging Mr. Baldwin under a statute that did not exist on the date of the accident.” Apparently, the current firearms enhancement law was not passed by the New Mexico State Legislature until May 18, 2022 – seven months after the accidental shooting incident.
Related: Hilaria Baldwin Details ‘Emotional’ Time For Family Amid Alec’s Rust Charges
Per the outlet, there is an older version of the enhancement law that was in place when the shooting happened. However, the law required that a firearm was “brandished” before the shooting, meaning the defendant was “displaying or making a firearm known to another person … with intent to intimidate or injure a person.” In this case, Alec had no intention of injuring anyone on set. The previous version of the firearm enhancement law also would have only increased the sentence by three years – instead of five. Because of this legal error, the Beetlejuice star now wants a judge to toss out the charges.
As for the DA? Well, they don’t seem too happy about this update in the case! Following the motion, a spokesperson for the Santa Fe District Attorney’s Office Heather Brewer slammed Alex for attempting to “distract from the gross negligence and complete disregard for safety” on the set of Rust that led to Halyna’s death. She told Deadline:
“Another day, another motion from Alec Baldwin and his attorneys in an attempt to distract from the gross negligence and complete disregard for safety on the Rust film set that led to Halyna Hutchins’ death.”
She then noted that the DA would review the filing but is focused on holding Alec “accountable under the law”:
“In accordance with good legal practice, the District Attorney and the special prosecutor will review all motions – even those given to the media before being served to the DA. However, the DA’s and the special prosecutor’s focus will always remain on ensuring that justice is served and that everyone – even celebrities with fancy attorneys – is held accountable under the law.”
Alec’s motion will be addressed in a virtual hearing about the case scheduled for February 24. We’ll have to wait and see if the 30 Rock alum will get his wish and have the firearm enhancement tossed out. Reactions, Perezcious readers? Do you think the charge will be thrown out? Let us know in the comments below!
[Image via MEGA/WENN, Lu Chau/WENN]
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