Prosecutors have dropped the possibility of a sentence enhancement that could have carried a mandatory five-year sentence against Alec Baldwin in a fatal film set shooting, according to new court filings made public Monday.
The actor-producer’s attorneys had earlier objected to the enhancement, saying it was unconstitutional because it was added after the October 2021 shooting.
“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,” Baldwin’s attorneys said in an earlier court filing.
Baldwin’s attorney declined to comment.
Baldwin and Hannah Gutierrez-Reed, the weapons supervisor on the set of the film “Rust,” were charged last month with felony involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins, who died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe.
Authorities said Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding director Joel Souza.
Hutchins’ parents and sister have filed a lawsuit over the shooting after a similar suit filed by her husband and son was settled.
Production is expected to resume on “Rust” this spring after it was halted following the shooting. Rust Movie Productions said Hutchins’ widower, Matthew Hutchins, will be the film’s new executive producer with Blanca Cline as the new cinematographer.
Rust Movie Productions said last week a related documentary will detail the completion of the film and the life of Halyna Hutchins.
Souza will return as director when production resumes, although it’s unclear in what state the filming will take place.
Rust Movie Productions officials said using “working weapons” and “any form of ammunition” will be prohibited on the movie set.