Alec Baldwin no longer faces the possibility of five years in prison after prosecutors dropped part of the charges leveled against him for his part in a fatal shooting on a film set, but he could still be jailed for less time .
Baldwin was accused of two counts of manslaughter for the death of cinematographer Halyna Hutchins on the set of the film Rust in October 2021.
Baldwin, 64, should be doing his thing first appearance in a US court on Friday.
The first charge facing Baldwin – manslaughter – requires proof of the underlying negligence.
The second charge – involuntary manslaughter in the commission of a lawful act – requires proof that there was more than mere negligence involved in a death, and includes a firearm upgrade, which makes the offense punishable by five years of compulsory confinement.
This second charge has now been removed, reducing the possible prison sentence Baldwin faces from a minimum of five years to a maximum of 18 months.
The actor-producer’s legal team had challenged the enhancementsaying it was unconstitutional because it only became law after the October 2021 shooting.
“In order to avoid further litigation distractions by Mr. Baldwin and his attorneys, the District Attorney and Special Counsel have removed the firearm enhancement for manslaughter charges in the death of Halyna Hutchins on the set of the film Rust.” Heather Brewer, a spokeswoman for New Mexico’s first judicial district attorney, said in a statement.
A Baldwin attorney did not immediately respond to a request for comment.
The second charge was also dropped against Hannah Gutierrez-Reed, the on-set weapons manager. Her attorney said he “applauded” the decision.
Alec Baldwin pictured on set after the tragedy. Pictured: Sante Fe Police
Baldwin’s legal battle
Baldwin’s case is notable in that there is little to no precedent for a Hollywood actor facing criminal charges for an on-set shooting.
And it’s not the first time Baldwin’s team has fought the charges against him, first asking to disqualify the special prosecutor on the Rust case, due to what they call, his “unconstitutional” role as a politician.
Last year, Andrea Reeb was brought in to assist in the case and was elected to the New Mexico House of Representatives in November.
In a motion filed last week, BaldwinLawyers argue that the state constitution prohibits Ms. Reeb from serving as either a prosecutor or a state legislator.
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Baldwin’s lawyers promise to fight
Hutchins died after being restrained by a prop gun Baldwin he was discharged during the western film’s rehearsals in October 2021.
Director Joel Souza was also injured in the accident at the Bonanza Creek Ranch set in Santa Fe, New Mexico.
Baldwin denied responsibility. He said he cocked the revolver but never pulled the trigger and it was the job of Gutierrez-Reed and other gun professionals to make sure it was unloaded.
The FBI said the revolver “operated normally” and would not fire without the trigger being pulled.
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Halyna Hutchins photographed in 2017 at an Artists for Peace and Justice party, 70th Cannes Film Festival, France
The family sues Baldwin for battery and malpractice
A separate civil process was filed Thursday by Ms. Hutchins’ family.
The family is suing Baldwin and the Rust film production company for alleged battery, willful infliction of emotional distress, negligence and loss of partnership.
Consortium loss is a claim that aims to recover damages to certain relationships that are mutually dependent.
