Alec Baldwin claims he faces fake gun possession charges
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Alec Baldwin and his lawyers are fighting a portion of his manslaughter charge in the death of ‘Rust’ cinematographer Halyna Hutchins.
Lawyers for the ’30 Rock’ actor have filed legal documents arguing against the firearms upgrade that was not approved by the New Mexico State Legislature until seven months after Hutchins was shot and killed.
An earlier version of the enhancement existed at the time, but it stipulates that a firearm must be ‘brandished’ with the ‘intent to intimidate or injure a person’, which Baldwin says he did not have.
Baldwin and “Rust” gunsmith Hannah Gutierrez-Reed were charged with manslaughter in January, as prosecutors cited a “criminal disregard for safety.”
If convicted with the enhancement, Baldwin and Gutierrez-Reed would receive a mandatory five-year sentence.
Alec Baldwin and his lawyers are fighting a portion of his manslaughter charge in the death of ‘Rust’ cinematographer Halyna Hutchins.
Rust’s cinematographer Halyna Hutchins was accidentally killed by Baldwin in 2021
Baldwin is pictured talking on the phone after the prop gun killed Hutchins.
In their motion filed Friday, Baldwin’s lawyers asked Judge Mary Marlowe Sommer to throw out the enhancement violation entirely.
“Prosecutors made a basic legal error in charging Mr. Baldwin under a version of the firearms improvement statute that did not exist on the date of the accident,” wrote Baldwin’s legal team, led by New York attorney Luke Nikas.
The lawyer affirms that under the current laws, “That version of the statute could not be applied to conduct that occurred before its enactment.”
Baldwin and Gutierrez-Reed currently face a maximum sentence of 18 months in prison on the manslaughter charge related to Hutchins’ October 2021 death.
If the judge rules out the enhancement, Baldwin could also get probation.
Even if he were charged under the earlier version of the enhancement, prosecutors would face an uphill battle regarding the intent part.
“The government’s probable cause statement contains no allegations that Mr. Baldwin acted “with the intent to intimidate or injure any person,” and its description of the alleged conduct makes it clear that the tragic death of the cinematographer Halyna Hutchins was an accident,” Baldwin’s attorneys said. saying.
Baldwin, pictured Thursday, says he is not to blame for the tragedy
Baldwin appears second from left alongside Hutchins on the set of Rust.
Earlier this week, a spokesperson for the Santa Fe District Attorney’s Office said they are investigating the legality of the matter.
“The district attorney and special counsel are actively reviewing all applicable laws to ensure they have the strongest case for securing justice for Halyna Hutchins.” saying spokeswoman Heather Brewer.
Baldwin’s lawyers are also asking Sommer to address the issues “as soon as possible.”
They say the problem could threaten the objectivity of potential jurors.
Baldwin’s first court appearance is scheduled for February 24, and he is entitled to a preliminary hearing within 60 days.
At the preliminary hearing, prosecutors will need to show they have the evidence to support their charges and bring the ‘Rust’ actor and gunsmith to trial.
Gutierrez Reed was also charged with the firearms enhancement, which her attorney plans to ask the judge to dismiss.
“They have clearly collected an enhancement that is prohibited by the constitution and ex post facto law,” said Gutierrez-Reed’s attorney, Jason Bowles.
‘Rust’ gunsmith Hannah Gutierrez-Reed was charged with Baldwin in the woman’s death
Gutierrez-Reed also faces the firearms enhancement charge, and his attorney says he plans to argue against it.
Gutierrez-Reed said he handed the gun to the assistant director inside the church on set and then left to attend to other work-related responsibilities.
News of Baldwin’s response to the charges comes just a day after DailyMail.com reported that Hutchins’ family is suing the actor.
The parents and sister of the late Ukrainian cinematographer say they were stranded in Ukraine when the ongoing war with Russia broke out and their daughter would have brought them to the US if she was still alive.
The war between Ukraine and Russia began in February 2022, four months after the death of the cinematographer.
The Hutchins family is being represented by Gloria Allred, who said Thursday during a press conference that they are seeking damages from Baldwin.
Halyna Hutchins with her sister Svetlana who is stuck in Ukraine
The lawsuit was filed in Los Angeles, California.
Halyna’s mother, Olga, is a nurse treating the war wounded, and her sister, Svetlana, fights at home with their two young children while her husband fights on the front lines.
The family had not filed an immigration case or visa application, but their lawyers say Halyna “would not have allowed” them to stay in the war if she was still alive.
“She would have brought them to the United States when possible,” Allred said.
Celebrity lawyer Gloria Allred represents Halyna’s family in Ukraine. She is shown today at a press conference where she announced the lawsuit in Los Angeles.