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New Mexico prosecutors downgrade felony charges against Alec Baldwin in ‘Rust’ shooting

Alec Baldwin on the “Rust” set immediately following the shooting of Halyna Hutchins and Joel Souza on Oct. 21, 2021.  (Santa Fe County Sheriff’s Office/Santa Fe County Sheriff’s Office/TNS)
By Meg James Los Angeles Times

New Mexico prosecutors have downgraded felony charges against Alec Baldwin and the armorer in the fatal “Rust” shooting, removing the threat that either could spend years in prison.

Baldwin and armorer Hannah Gutierrez Reed were charged last month with two counts of involuntary manslaughter for the Oct. 21, 2021, death of “Rust” cinematographer Halyna Hutchins on the movie’s set south of Santa Fe.

The most serious charge included a “firearms enhancement” penalty that carried a maximum five years in prison, if convicted.

The downgrade happened after Baldwin’s attorneys argued that prosecutors improperly added the enhancement charge. They pointed to the fact that the mandatory five-year prison sentence legislation had not taken effect in New Mexico until several months after the shooting took place.

The adjustment came on Friday, when prosecutors filed an amendment to the criminal information, removing the firearm enhancement charge. The involuntary manslaughter charges that Baldwin and Gutierrez Reed now face carry an 18-month sentence.

“In order to avoid further litigious distractions by Mr. Baldwin and his attorneys, the District Attorney and the special prosecutor have removed the firearm enhancement to the involuntary manslaughter charges in the death of Halyna Hutchins on the ‘Rust’ film set,” said Heather Brewer, spokesperson for Mary Carmack-Altwies, district attorney in the First Judicial District.

“The prosecution’s priority is securing justice, not securing billable hours for big-city attorneys,” Brewer added.