Alec Baldwin on Friday asked a judge in New Mexico to dismiss a five-year firearm sentencing enhancement in the charges against him, saying it is unconstitutionally based on a law passed after the shooting on the set of the film “Rust.”
“The prosecutors committed a basic legal error by charging Mr. Baldwin under a version of the firearm-enhancement statute that did not exist on the date of the accident,” a court filing from Baldwin’s attorneys said.
Hutchins died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza. Hutchins’ parents and sister filed a lawsuit over the shooting Thursday, after a similar suit filed by her husband and son was settled.
Baldwin’s legal team is aggressively pushing back before he has even made his initial court appearance, which is scheduled to take place by videoconference later this month. Baldwin has not been arrested. One version would require proof of negligence, which is punishable by up to 18 months in jail and a $5,000 fine under New Mexico law.
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