Alec Baldwin Just Won A Massive Legal Battle In Rust Shooting
Alec Baldwin is no longer facing five years in prison for his involvement in the Rust shooting
Good news for Alec Baldwin: the embattled actor is no longer facing the possibility of spending five years in prison for his involvement in the fatal shooting of cinematographer Halyna Hutchins on the set of Rust. According to Deadline, a spokesperson for New Mexico First Judicial D.A. Mary Carmack-Altwies said that “In order to avoid further litigious distractions by Mr. 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.”
That spokesperson, Heather Brewer, went on to say that the goal of the prosecution is “securing justice, not securing billable hours for big-city attorneys.” This last part was a dig at Alec Baldwin and his legal team, who have been particularly difficult to work with in recent weeks. In exchange for better cooperation and a swifter path to justice for the victim, the D.A. has made this concession and removed the firearm enhancement from the charge, which would have meant a mandatory five years in jail had the actor been found guilty.
According to Deadline’s report, Alec Baldwin’s team argued that this enhancement should never have been applicable to the actor anyway because it was part of a statute that was not enacted until seven months after the incident. While they may or may not have had a point there (the figurative jury is still out on that question), the legal team continues to be painfully litigious leading up to the trial. They are also attempting to have special prosecutor Andrea Reeb removed from the case because she is also an elected GOP New Mexico legislator – another element that makes authorities sure that this will be “a long and bitter trial” if it ever makes it to court.
Even though the possibility of a five-year jail sentence has been taken off the table, Alec Baldwin is still being charged with involuntary manslaughter. Both Baldwin and the film’s armorer Hannah Gutierrez-Reed are both charged with two counts of this crime, which occurred when Baldwin was acting out a scene for the movie and shot Halyna Hutchins with a gun that was not supposed to have been loaded. Rust’s director, Joel Souza, was also wounded in the incident.
These two charges can be broken down further: the first charge of involuntary manslaughter is classified as a fourth-degree felony which, if found guilty, could mean 18 months in jail and a fine of $5,000 for Alec Baldwin and the director. The second charge is more nuanced and consists of “involuntary manslaughter in the commission of a lawful act,” which is also a fourth-degree felony punishable by the same consequences.
It was to this second charge that the firearm enhancement was added, making it more specific and making it punishable by five years in prison. This was the part that Alec Baldwin’s lawyers at Quinn Emanuel Urquhart & Sullivan were trying so hard to get removed, and they were ultimately successful, even if now legal experts are divided on whether this was the right move to make or not.
While Alec Baldwin has not yet commented on his team’s victory, Reed’s attorney Jason Bowles told Deadline it was “the right call, ethically.” But, as I said, the jury is still out on that issue.
The first hearing for the case is scheduled for this Friday, February 24th.
