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For a 'legal error', the indictment against Alec Baldwin for the death of Halyna Hutchins is lowered

2023-02-20T23:19:10.794Z


Prosecutors dropped a charge that aggravated the accusation against the actor, who could now receive a maximum sentence of 18 months in prison. The motives.


Alec Baldwin

, star and one of the producers of "Rust," and gunsmith Hannah Gutierrez-Reed face a maximum sentence of

just 18 months

if convicted of

manslaughter

in the death of cinematographer Halyna Hutchins, as they a more serious law that incriminated them only came into force in May 2022,

seven months after the event

.

Prosecutors withdrew a five-year gun possession enhancement against Baldwin and Gutierrez-Reed after the defendants argued the law did not apply at the time of the shooting on the "Rust" set.

The actor's claim was that there had been a

"basic legal error

," The New York Times reported on Monday.

When the charges were filed on January 31, prosecutors sought to apply a statute that imposes

harsher penalties

for firearms offenses.

Under New Mexico law, if a weapon is discharged in the course of a felony, defendants can face an

additional five years in prison

.

But that law didn't go into effect until May 2022, seven months after Hutchins' murder.

The gun upgrade that went into effect in October 2021 required the defendant to show "intent to intimidate or injure a person," which did not apply to Hutchins' accidental firing.

Cinematographer Halyna Hutchins died after being shot by the gun Baldwin was holding.

A spokeswoman for the Public Ministry, Heather Brewer, pointed out that the decision has been made to guarantee that "justice is done" and to avoid lengthening the process.

Hutchins died in October 2021 when a revolver Baldwin was handling went off on the set of "Rust" in Santa Fe County, New Mexico, after Gutiérrez-Reed allegedly checked the revolver and the actor received it. as a "cold weapon" without live ammunition.

Baldwin's legal representatives had explained in their February 10 appeal that at the time of the event the version of the law that was in force only allowed "a three-year increase" for the use of a firearm in the commission of a crime. Serious felony.

The defense added that this version was not applicable either because it required "the intent to intimidate or injure a person."

A lawyer for Gutiérrez-Reed, Jason Bowles, told The New York Times that the prosecution's decision now "reflected good ethical standards and was correct as to the facts and the law," while a Baldwin lawyer, Luke Nikas He refused to comment on the matter.

The actor has defended his innocence in different interviews with the media, alleging that the responsibility for ensuring the safety of the weapons in "Rust" was assigned to Gutiérrez-Reed and that he never pulled the trigger, but instead the weapon detonated because had some flaw.

On February 14, it was announced that filming for "Rust" is scheduled to resume in the spring.

Baldwin will continue to play the lead role in the film and the scene in which Hutchins lost his life will be rewritten, but the production company has not released any further details.

With information from EFE, AFP and Télam

look also

With the trial against Alec Baldwin pending, they resume the filming of Rust and will make a documentary about the tragedy

Alec Baldwin seeks to challenge the prosecutor of the case that is investigating him for the death of Halyna Hutchins

They formalized the involuntary manslaughter charge against Alec Baldwin and he would be summoned to trial in a month

Source: clarin

All news articles on 2023-02-20

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