Actor Alec Baldwin departs his home, as he might be charged with involuntary manslaughter for the fatal shooting of cinematographer Halyna Hutchins on the set of the movie “Rust”, in Recent York, January 31, 2023.
David Dee Delgado | Reuters
Alec Baldwin’s attorneys filed a motion Friday arguing Recent Mexico prosecutors have wrongly charged the actor under a statue that does not apply to his case — and which carries a compulsory five-year jail sentence.
Baldwin was charged with two counts of involuntary manslaughter late last month for the Oct. 2021 fatal on-set shooting of cinematographer Halyna Hutchins, considered one of which is more serious and features a firearm enhancement that may carry the mandatory jail sentence. If the case finally ends up going to trial, jurors would have to come to a decision which involuntary manslaughter charge Baldwin is guilty of, if either.
In a motion filed in Santa Fe’s First Judicial District, Baldwin’s attorneys argue that specific enhancement doesn’t apply to Baldwin since the statute was modified in May 2022, seven months after the incident.
“The prosecutors on this case have committed an unconstitutional and elementary legal error by charging Mr. Baldwin under a statute that didn’t exist on the date of the accident,” Baldwin’s attorneys wrote within the motion.
On the time of the incident, Recent Mexico’s firearm-enhancement statute was applied to cases where a gun was “brandished” within the commission of a non-capital felony, defining brandished as displaying a firearm “with intent to intimidate or injure an individual.”
The statute was later amended by the Recent Mexico legislature to remove any mention that a gun should be brandished, the court filing states.
Baldwin’s attorneys argue the new edition of the statute cannot apply to conduct that occurred before it was enacted and called retroactively applying the enhancement “flagrantly unconstitutional.”
“The federal government’s statement of probable cause comprises no allegation that Mr. Baldwin acted ‘with intent to intimidate or injure an individual,’ and its description of the alleged conduct makes clear that the tragic death of cinematographer Halyna Hutchins was an accident,” the filing states.
“Application of the present version of the statute could be unconstitutionally retroactive, and the federal government has no legitimate basis to charge Mr. Baldwin under the version of the statute that existed on the time of the accident.”
In response, Heather Brewer, the spokesperson for the Recent Mexico First Judicial District Attorney, said the motion was nothing but an try and distract “from the gross negligence and complete disregard for safety on the ‘Rust’ film set that led to Halyna Hutchins’ death.”
“In accordance with good legal practice, the District Attorney and the special prosecutor will review all motions — even those given to the media before being served to the DA,” said Brewer.
“Nevertheless, the DA’s and the special prosecutor’s focus will at all times remain on ensuring that justice is served and that everybody — even celebrities with fancy attorneys — is held accountable under the law.”