Alec Baldwin Wants ‘Rust’ Firearm Enhancement Charge Removed

Actor Alec Baldwin is hoping that some legal maneuvering may help him face a lighter sentence if he is convicted of the two involuntary manslaughter charges he's currently facing.

Both the “30 Rock” actor and “Rust” armorer Hannah Gutierrez-Reed have been charged with two counts of involuntary manslaughter for the death of cinematographer Halyna Hutchins. First assistant David Halls pled guilty to the charge of the negligent use of a weapon and is expected to testify against them at the trial, if it ever goes that far.

A new legal filing on Friday saw the actor’s legal team fight to remove the firearm enhancement from the two involuntary manslaughter charges held against him. The firearm enhancement adds a five-year mandatory prison sentence if he is convicted; however, the statute was not enacted in New Mexico law until months after the shooting.

According to the court documents, via Deadline, “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.” The papers go on to say, “It thus appears that the government intended to charge the current version of the firearm enhancement statute, which was not enacted until May 18, 2022, seven months after the accident.”

The involuntary manslaughter charge is a fourth-degree felony and, under New Mexico law, is punishable with a sentence of up to 18 months behind bars and a $5,000 fine. The firearm enhancement on the second charge would result in a mandatory five-year prison stay if Baldwin is convicted.

“Accordingly, that enhancement should not be bound over,” the legal documents state. “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.”

However, the Santa Fe District Attorney has a different opinion. Earlier this week, spokesperson Heather Brewer argued, “ “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.”

Following Friday’s motion, the Santa Fe District Attorney’s office claimed that Baldwin was trying to “distract from the gross negligence and complete disregard for safety on the ‘Rust’ film set that led to Halyna Hutchins’ death.”

“Another day, another motion from Alec Baldwin and his attorneys in an attempt to distract from the gross negligence and complete disregard for safety on the Rust film set that led to Halyna Hutchins’ death,” spokesperson Heather Brewer told Deadline.

“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,” Brewer added.

“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,” Brewer added.

This is not the only argument from Baldwin's legal team. The actor is also trying to get the special prosecutor thrown off the case, stating that her involvement is "unconstitutional."

Earlier this week, attorneys for Baldwin filed a motion to disqualify special prosecutor Andrea Reeb, as per CNN. The documents, which were filed in the First Judicial Court of New Mexico, state that Reeb’s involvement in the case is “unconstitutional” under New Mexico law due to her position in the House of Representatives.

The filing states: “The special prosecutor in this case, Andrea Reeb, is a member of the New Mexico House of Representatives. Under Section 1 of Article III of the New Mexico Constitution, however, a sitting member of the Legislature may not ‘exercise any powers properly belonging’ to either the executive or judicial branch.”

A statement from Baldwin’s attorney Luke Nikas, as reported by Deadline, says that “Ms. Reeb’s continued service as a special prosecutor in this case is unconstitutional.” Nikas added, “The legal question is not a close one. She must be disqualified.”

However, this is not the only legal battle that Baldwin is facing. Earlier this week, the family of late cinematographer Halyna Hutchins filed a lawsuit against Baldwin, the "Rust" armorer, and several other companies and individuals involved in her death.

In February 2022, Halyna Hutchins' husband and son filed a wrongful death lawsuit that was settled in October 2022. As part of the settlement, Matthew Hutchins was named as executive producer on the Western film, which was supposed to resume filming in California last month.

That being said, Halyna's parents and sister have now filed their own lawsuit seeking unspecified damages. At a press conference at her LA office on Thursday afternoon, the family’s attorney, Gloria Allred, was quoted saying, “There has been no outreach by Mr. Baldwin, no apology.”

She continued, “We have filed a lawsuit today in Los Angeles Superior Court against Alec Baldwin, Rust producers, armorer Hannah  Gutierrez-Reed, first assistant director David Halls,  and other defendants who may have been responsible for the death of Halyna Hutchins. May she rest in peace.”

“The settlement was for Matthew and his child, and we are now representing others in the family, Mom, Dad, and sister, and there has been no settlement for them,” Allred added.