'Best way I can ensure justice is served': 'Rust' special prosecutor Andrea Reeb quits after Alec Baldwin's enhancement charges dropped

'After much reflection, I have made the difficult decision to step down as special prosecutor in the 'Rust' case,' Andrea Reeb said
PUBLISHED MAR 15, 2023
Andrea Reeb decided to step down from the 'Rust' shooting case on March 14, 2023 (Andrea Reeb/Facebook, John Lamparski/Getty Images)
Andrea Reeb decided to step down from the 'Rust' shooting case on March 14, 2023 (Andrea Reeb/Facebook, John Lamparski/Getty Images)

SANTA FE, NEW MEXICO: The New Mexico First Judicial District Attorney's office announced on Tuesday, March 14 that special prosecutor Andrea Reeb had left the 'Rust' case before the upcoming trial. Reeb stepped down because she didn't want questions regarding her dual position as a legislator and prosecutor to "cloud" the issues.

Alec Baldwin and 'Rust' armorer Hannah Gutierrez Reid were not charged with firearm enhancements in January, a level above standard manslaughter charges that carry a required minimum of five years in prison. Baldwin and Gutierrez-Reed may only receive a minimal or no jail sentence if just charged with manslaughter, as the maximum sentence in New Mexico is only 18 months. The decision by Reeb and the district attorney's office to file enhancement charges drew criticism from Baldwin's lawyers and legal authorities because it was based on state laws that were not in force at the time of the unintentional shooting that claimed the life of 'Rust' cinematographer Halyna Hutchins.

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'My priority in this case has been justice'

In a statement announcing her withdrawal from the 'Rust' case, Reeb said, "After much reflection, I have made the difficult decision to step down as special prosecutor in the 'Rust' case. My priority in this case — and in every case I've prosecuted in my 25-year career — has been justice for the victim," according to the Wrap.

Reeb added, "However, it has become clear that the best way I can ensure justice is served in this case is to step down so that the prosecution can focus on the evidence and the facts, which clearly show a complete disregard for basic safety protocols led to the death of Halyna Hutchins. I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand."

The Santa Fe district attorney, Mary Carmack-Altwies, appointed Reeb to head the prosecution in August 2022. Moreover, in November 2022, Reeb, a longtime prosecutor from Clovis, New Mexico, was elected as a Republican representative to the state House of Representatives.

Why did Alec Baldwin file to have Andrea Reeb dismissed?

The dual roles of Reeb didn't sit well with Baldwin and his attorney, as they had also filed a motion in January to have her removed from the case. They claimed that as a recently elected state legislator in New Mexico, Reeb's presence on the lawsuit violated the state constitution, which forbids one branch of government from exercising power over another branch.

Prosecutors rejected that justification in a court filing earlier in February, stating that "accepting [the] Defendant's theory would require the Court to create new law, which would have state-wide implications, based on nothing more than creative, legally unsupported argument," according to the Wrap.

Reeb's decision to withdraw herself from the future trial, however, means that the case's prosecutor will need to be replaced. The DA's office will now need to recruit a new prosecutor for the high-profile case, which will hold its next two-week evidentiary hearing on March 3. 

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