Actor Alec Baldwin has filed an appeal to request the annulment of a possible increase in his prison sentence if he were finally found guilty of the death of cinematographer Halyna Hutchins.
Baldwin and the gunsmith from the film ‘Rust’, Hannah Gutierrez-Reed, were indicted Jan. 31 on two counts of manslaughter for the tragedy that cost Hutchins his life and may face a maximum sentence of 18 months from jail.
Likewise, the prosecutor of the first judicial district, Mary Carmack-Altwies, and the special prosecutor Andrea Reeb accused them of a aggravating circumstance for possession of a firearm, based on a law that became effective in May 2022 and that carries a punishment of five additional years. This is a change in the statute on the use of firearms by which it is considered that their use during the commission of a crime is an aggravating circumstance and the penalty must be higher.
In this sense, the legal representatives of Baldwin considered in the brief that they presented before the first judicial district of Santa Fe (New Mexico, USA) that would be incurring a “basic legal error”. Thus, they explained that at the time of the event, October 21, 2021, the version of the law that was in force “only allowed an increase of three years” for the use of a firearm in the commission of a serious crime.
“That version of the law cannot be applied to a conduct that occurred before its promulgation because it would be violating the Constitution”, detailed the interpreter’s lawyers in the legal brief with which they requested said annulment to the judge in charge of the case, Mary Marlowe Sommer.
Baldwin’s defense added that this version of the law is not applicable either, because it requires “the intent to intimidate or injure a person“The probable cause statement contains no reference to Mr. Baldwin acting with intent to intimidate or injure any person, and his description of the alleged conduct makes it clear that the tragic death of Halyna Hutchins was an accident,” it says. The document.
Prosecution spokeswoman Heather Brewer said publicly this week that “strong evidence is being reviewed to ensure justice is served for Hutchins“. After this, Baldwin’s lawyers also urged the judge to address the issue “as soon as possible”, since these statements could “contaminate the jury and harm the case”. However, the complexity of this case makes one think that the resolution will have to wait until the preliminary hearing, in which the prosecutors must demonstrate that there is sufficient evidence to take the case to trial.
halyna Hutchins died when a revolver handled by Alec Baldwin went off during the filming of ‘Rust’ in Santa Fe County, after Gutierrez-Reed checked the revolver and it was handed to him by assistant director David Halls as a “cold weapon” without live ammunition. Baldwin has defended his innocence in different interviews with the media, alleging that the responsibility for ensuring the safety of the weapons in ‘Rust’ was assigned to Gutiérrez-Reed and that he never pulled the trigger, instead the weapon detonated. because it had a defect.
Source: Lasexta
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