Actor Alec Baldwin leaves his house, as he will be charged with uncontrolled murder for the deadly shooting of cinematographer Halyna Hutchins on the set of the film “Rust”, in New York, January 31, 2023.
David Dee Delgado|Reuters
Alec Baldwin’s lawyers submitted a movement Friday arguing New Mexico district attorneys have actually incorrectly charged the star under a statue that does not use to his case– and which brings a compulsory five-year prison sentence.
Baldwin was charged with 2 counts of uncontrolled murder late last month for theOct 2021 deadly on-set shooting of cinematographer Halyna Hutchins, among which is more major and consists of a gun improvement that would bring the obligatory prison sentence. If the case winds up going to trial, jurors would need to choose which uncontrolled murder charge Baldwin is guilty of, if either.
In a movement submitted in Santa Fe’s First Judicial District, Baldwin’s lawyers argue that particular improvement does not use to Baldwin since the statute was altered in May 2022, 7 months after the occurrence.
“The prosecutors in this case have committed an unconstitutional and elementary legal error by charging Mr. Baldwin under a statute that did not exist on the date of the accident,” Baldwin’s lawyers composed in the movement.
At the time of the occurrence, New Mexico’s firearm-enhancement statute was used to cases where a weapon was “brandished” in the commission of a non-capital felony, specifying displayed as showing a gun “with intent to intimidate or injure a person.”
The statute was later on changed by the New Mexico legislature to get rid of any reference that a weapon need to be displayed, the court filing states.
Baldwin’s lawyers argue the brand-new variation of the statute can not use to perform that took place prior to it was enacted and called retroactively using the improvement “flagrantly unconstitutional.”
“The government’s statement of probable cause contains no allegation that Mr. Baldwin acted ‘with intent to intimidate or injure a person,’ 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 current version of the statute would be unconstitutionally retroactive, and the government has no legitimate basis to charge Mr. Baldwin under the version of the statute that existed at the time of the accident.”
In action, Heather Brewer, the representative for the New Mexico First Judicial District Attorney, stated the movement was absolutely nothing however an effort to sidetrack “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,” statedBrewer
“However, the DA’s and the special prosecutor’s focus will always remain on ensuring that justice is served and that everyone–even celebrities with fancy attorneys–is held accountable under the law.”
