Prosecutors have dropped the possibility of a five-year mandatory sentence for Alec Baldwin in connection with the fatal shooting on a film set, according to new court documents released Monday.
Lawyers for the actor and producer had previously opposed increasing the sentence, saying it was unconstitutional because the law in question was added after the October 2021 events on set.
“Prosecutors made a fundamental error of law in charging Mr. Baldwin under a version of the Enhanced Guns Act that did not exist on the date of the crash,” lawyers for the incident said. Mr. Baldwin in an earlier court filing.
Mr. Baldwin’s lawyer declined to comment.
The standard for the possibility of a five-year mandatory sentence would have been reckless disregard for the safety of others “without precaution or circumspection” and would have carried a higher threshold of wrongdoing.
The alternative sentencing and penalty package in the case now requires proof of negligence, which is punishable by up to 18 months in prison and a fine of $5,000 under New Mexico law.
Alec Baldwin and Hannah Gutierrez-Reed, the weapons supervisor on the set of the film Rustwere charged last month with manslaughter in the shooting death of cinematographer Halyna Hutchins, who died shortly after being injured during rehearsals at a ranch in suburban Santa Fe.
Authorities said Mr Baldwin was pointing a gun at Mrme Hutchins when the shot went off, killing her and injuring director Joel Souza.
M’s parents and sisterme Hutchins sued for the shooting after a similar lawsuit filed by her husband and son.
The production of Rust should resume in the spring after being interrupted following the tragedy. Rust Movie Productions said the widower of Mme Hutchins, Matthew Hutchins, will serve as the film’s new executive producer with Blanca Cline as the new cinematographer.
Rust Movie Productions said last week that a related documentary will detail the film’s completion and the life of Halyna Hutchins.
Joel Souza will return as director when production resumes, although it’s unclear under what conditions filming will take place.
Rust Movie Productions officials said the use of “working weapons” and “any form of ammunition” will be prohibited on set.