Alec Baldwin charged under gun laws that were non-existent at the time of ‘Rust’ shooting
Last week prosecutors in New Mexico charged actor Alec Baldwin with a gun charge that was not actually existent at the time of the tragic Rust on-set shooting. Baldwin is currently facing allegations of involuntary manslaughter and “firearm enhancement” for the death of the film’s cinematographer Halyna Hutchins.
The enhancement charge would bring a further five-year penalty to the discharge of a firearm during the course of an act of felony. However, that enhancement did not actually come into official legal status until May 2022, seven months after the fateful occurrence on the Rust set.
This has raised questions as to whether a court of law ought to allow prosecutors to go after that additional five-year sentence. A spokesperson for the court office said that First Judicial District Attorney Mary Carmack-Altwies and her appointed special prosecutor, Andrea Reeb, are currently reviewing the case.
Heather Brewer, the spokesperson, said: “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.” The prosecutors had also filed the same charge against Rust’s armourer Hannah Gutierrez Reed.
Reed’s attorney, Jason Bowles, said the District Attorney is looking to apply the enhancement in retrospect, which goes against her constitutional rights. Bowles wrote in an email: “We will be addressing this with motions. They have clearly charged an enhancement that is barred by the constitution and ex post facto law.”
At the time of the Rust shooting, the state of New Mexico allowed for a three-year enhancement for “brandishing” a firearm during a felony, although the term “brandishing” was defined as having “intent to intimidate or injure a person”. Since then, District Attorney Carmack-Altwies has referred to the Rust shooting as an “accident”, although admitting that people may still be prosecuted over the negligence displayed on set.
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