Alec Baldwin lawyers say firearms law he allegedly violated was passed 7 months after Halyna Hutchins shooting
SANTA FE, NEW MEXICO: Alec Baldwin's involuntary manslaughter accusation stemming from 'Rust' cinematographer Halyna Hutchins' death is being contested by his attorneys. Baldwin's legal representatives requested the New Mexico District Judge to totally dismiss the enhanced violation in their application, which was submitted on Friday, February 10.
Baldwin's lawyers have filed court paperwork opposing the guns enhancement amendment, which the New Mexico State Legislature did not approve until seven months after Hutchins was fatally shot. Baldwin claims he did not have a firearm "brandished" with the "intent to intimidate or injure a person," as required by an earlier version of the enhancement that was in effect at the time, as reported by Daily Mail. Baldwin and 'Rust' armorer Hannah Gutierrez-Reed were both accused of involuntary manslaughter in January, with the prosecution noting a "criminal disregard for safety." If found guilty of the enhancement, Baldwin and Gutierrez-Reed would have to serve a five-year sentence in prison.
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'Prosecutors committed a basic legal error'
Baldwin's legal team, which is led by New York attorney Luke Nikas stated, "The prosecutors committed a basic legal error by charging Mr. Baldwin under a version of the firearm-enhancement statute that did not exist on the date of the accident," as reported by Daily Mail. The law states that the current legislation prevents "that version of the statute could not apply to conduct that occurred before it was enacted."
The current maximum punishment for the involuntary manslaughter charge involving the death of Hutchins in October 2021 is 18 months in prison for Baldwin and Gutierrez-Reed. In the event that the judge decides to reject the enhancement, Baldwin might also be granted parole.
Baldwin's lawyers stated, "The government's statement of probable cause contains no allegation that Mr. Baldwin acted 'with intent to intimidate or injure a person', and its description of the alleged conduct makes clear that the tragic death of cinematographer Halyna Hutchins was an accident," as reported by DailyMail.
Will Alec Baldwin and Hannah Gutierrez-Reed appear in court?
The Sante Fe District Attorney's Office indicated earlier this week that they are examining the matter's legality. The spokeswoman Heather Brewer stated, "The District Attorney and special prosecutor are actively reviewing all applicable laws to ensure they have the strongest case to secure justice for Halyna Hutchins," as reported by DailyMail.
Additionally, Baldwin's lawyers are pleading with District Judge Mary Marlow Sommer of New Mexico to resolve the problems "as soon as possible." They contend that the matter would undermine the fairness of potential jurors. Additionally, Gutierrez-Reed was charged with a gun enhancement, which her lawyer intends to ask the judge to drop. Her lawyer, Jason Bowles, stated, "They have clearly charged an enhancement that is barred by the constitution and ex post facto law."
Baldwin will make his initial court appearance on February 24 and is entitled to a preliminary hearing within 60 days of that date. Prosecutors must demonstrate at the preliminary hearing that they have adequate evidence to bring Baldwin and Gutierrez-Reed to trial.