Alec Baldwin, the actor holding the gun that discharged on the “Rust” movie set, killed the film’s cinematographer, had his involuntary manslaughter charges downgraded by prosecutors in Santa Fe County.
The charges were reduced from being charged under a version of a New Mexico firearm law passed months after the fatal shooting in October 2021, which would have led to a minimum prison sentence of five years but now, he only faces a maximum of 18 months in prison. The charges against Hannah Gutierrez-Reed, the armorer responsible for weapons and ammunition on set, were also altered. Both Baldwin and Gutierrez-Reed have been charged with two counts in the alternative, and a jury will decide which definition of involuntary manslaughter applies if they are convicted.
Baldwin’s lawyers had argued that the district attorney had incorrectly charged the actor and that his client was not responsible for the fatal shooting. Baldwin had asserted that he was handed a gun that he was told was “cold,” meaning it did not contain live rounds and was safe to handle. Lawyers for both Baldwin and Gutierrez-Reed had argued that by charging their clients under the firearm enhancement law, the prosecutors appeared to be applying a version of the law that had not been passed until 2022.
The version of the firearm law on the New Mexico books said that the firearm enhancement applies when a weapon is “brandished” in the commission of a non-capital felony. The newer version would impose a minimum five-year sentence if a firearm was “discharged” in the commission of a non-capital felony. Baldwin’s lawyers argued in court papers that the prosecutors had not accused the actor of that behavior in legal filings or public statements, instead alleging that the actor had been negligent on set and had repeatedly violated film safety standards, which he denies. A lawyer for Gutierrez-Reed wrote in court papers that the firearm enhancement could not apply to her because she was not holding the gun when it went off. Instead, prosecutors have accused her of negligent behavior, including not properly checking the rounds she loaded into the gun. Gutierrez-Reed told investigators that she did check each round that day.
Prosecutors have filed two counts in the alternative against both defendants, and a jury will decide which definition of involuntary manslaughter applies if they are convicted. Baldwin’s legal team has also challenged the constitutionality of the district attorney’s appointment of a special prosecutor, Andrea Reeb. Baldwin’s lawyers have said that serving in two separate branches of government is unlawful and have asked for her to be disqualified. A judge will be asked to determine whether there is cause to move forward with the charges filed against Baldwin and Gutierrez-Reed. The first hearing in the case is scheduled for Friday.
In a statement, Heather Brewer, a spokeswoman for the district attorney, said that the prosecution had dropped the firearm enhancement to “avoid further litigious distractions by Mr. Baldwin and his attorneys.” Brewer said, “the prosecution’s priority is securing justice, not billable hours for big-city attorneys.” Baldwin’s lawyer, Luke Nikas, declined to comment on the decision. Jason Bowles, the lawyer for Gutierrez-Reed, said that the prosecutor’s decision to drop the firearm enhancement “reflected good ethical standards and was correct on the facts and law.”
REFERENCES:
‘Rust’ Prosecutors Downgrade Alec Baldwin’s Manslaughter Charges
