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Prosecutors in New Mexico charged Alec Baldwin last week with a gun allegation that was not on the books at the time of the “Rust” shooting.
Baldwin is facing a charge of involuntary manslaughter as well as a “firearm enhancement” in connection with the death of cinematographer Halyna Hutchins. The enhancement carries an additional five-year penalty for discharge of a firearm in the course of a felony.
But that enhancement did not become law until May 2022, seven months after Hutchins was killed. That raises a question about whether a judge would allow prosecutors to pursue that additional five-year term.
First Judicial District Attorney Mary Carmack-Altwies and her appointed special prosecutor, Andrea Reeb, are reviewing the issue, said a spokeswoman for the office.
“The District Attorney and special prosecutor are actively reviewing all applicable laws to ensure they have the strongest case to secure justice for Halyna Hutchins,” said the spokeswoman, Heather Brewer.
Baldwin’s attorney did not respond to a request for comment.
Prosecutors filed the same charge and the same enhancement against Hannah Gutierrez Reed, the film’s armorer. Her attorney, Jason Bowles, said the D.A. is seeking to apply the enhancement retroactively, in violation of her constitutional rights.
“We will be addressing this with motions,” Bowles wrote in an email. “They have clearly charged an enhancement that is barred by the constitution and ex post facto law.”
A criminal attorney in New Mexico, Caitlin Smith, first flagged the issue to the legal affairs podcast “Serious Trouble,” which covered the Baldwin case last week.
“They probably shouldn’t have charged it,” Smith told Variety, adding that the defense could file a pre-trial motion to have the enhancement thrown out.
At the time of the “Rust” shooting, New Mexico law did allow for a three-year enhancement for “brandishing” a firearm in the course of a felony. But the term “brandished” was given a specific definition requiring “intent to intimidate or injure a person.”.............
Baldwin is facing a charge of involuntary manslaughter as well as a “firearm enhancement” in connection with the death of cinematographer Halyna Hutchins. The enhancement carries an additional five-year penalty for discharge of a firearm in the course of a felony.
But that enhancement did not become law until May 2022, seven months after Hutchins was killed. That raises a question about whether a judge would allow prosecutors to pursue that additional five-year term.
First Judicial District Attorney Mary Carmack-Altwies and her appointed special prosecutor, Andrea Reeb, are reviewing the issue, said a spokeswoman for the office.
“The District Attorney and special prosecutor are actively reviewing all applicable laws to ensure they have the strongest case to secure justice for Halyna Hutchins,” said the spokeswoman, Heather Brewer.
Baldwin’s attorney did not respond to a request for comment.
Prosecutors filed the same charge and the same enhancement against Hannah Gutierrez Reed, the film’s armorer. Her attorney, Jason Bowles, said the D.A. is seeking to apply the enhancement retroactively, in violation of her constitutional rights.
“We will be addressing this with motions,” Bowles wrote in an email. “They have clearly charged an enhancement that is barred by the constitution and ex post facto law.”
A criminal attorney in New Mexico, Caitlin Smith, first flagged the issue to the legal affairs podcast “Serious Trouble,” which covered the Baldwin case last week.
“They probably shouldn’t have charged it,” Smith told Variety, adding that the defense could file a pre-trial motion to have the enhancement thrown out.
At the time of the “Rust” shooting, New Mexico law did allow for a three-year enhancement for “brandishing” a firearm in the course of a felony. But the term “brandished” was given a specific definition requiring “intent to intimidate or injure a person.”.............
