It comes after it was revealed that Halyna’s husband will testify in court after she was killed by a bullet in the ‘prop’ gun. 'That version of the statute could not apply to conduct that occurred before it was enacted.'ĭ has reached out to Baldwin’s lawyers for a comment regarding the recent developments. Baldwin under a version of the firearm-enhancement statute that did not exist on the date of the accident. His legal team, led by New York attorney Luke Nikas, said: 'The prosecutors committed a basic legal error by charging Mr. The DA has hit out at their decision to remove the charges, saying they are interested in ‘justice’ rather than paying the bills for ‘big-city lawyers.’ It changed to allow the charges to be brought without brandishing, but as Baldwins New York lawyers successful argued last week, it would don’t have applied to the star and armorer. However an amendment came into place in May 2022, seven months after the fatal shooting in October 2021. That was defined in the statute as 'displaying or making a firearm known to another person while the firearm is present on the person of the offending party with intent to intimidate or injure a person.'īaldwin denied that he brandished the gun with intent to intimidate or injure, with the charge carrying a five-year mandatory jail sentence. It is unclear why Santa Fe’s District Attorney's office thought they would be able to proceed with charges against both actor Alec Baldwin and armorer Hannah Gutierrez-Reed on a law that came into place seven months after the incident.Ī New Mexico statute says that the gun enhancement law, in effect between July 1, 2020, and May 17, 2022, was intended to punish the 'brandishing' of a gun. In their motion filed on February 10, Baldwin's lawyers asked Judge Mary Marlowe Sommer to throw out the enhancement violation completely. They have now both had the enhanced charges against them dropped, less than a month after they were brought. The aggressive statement comes days after Baldwin's lawyers argued about the charge, citing the change in the law in their arguments.īaldwin and 'Rust' armorer Hannah Gutierrez-Reed were both charged with involuntary manslaughter in January as prosecutors cited a 'criminal disregard for safety.' 'The prosecution's priority is securing justice, not securing billable hours for big-city attorneys.' Baldwin and his attorneys, the District Attorney and the special prosecutor have removed the firearm enhancement to the involuntary manslaughter charges in the death of Halyna Hutchins on the 'Rust' film set. Santa Fe District Attorney said in a statement: 'In order to avoid further litigious distractions by Mr. However a new amendment to the law means that brandishing is no longer needed – a change that happened seven months after the fatal incident. Initially, the gun enhancement charge was tacked onto his involuntary manslaughter charges but Santa Fe DA's office confirmed to that it was removed on FridayĪt the time of the shooting, Baldwin was on set shooting for 'Rust', meaning that it is unlikely that the charge meets the New Mexico law.
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