Alec Baldwin argues his ‘Rust’ shooting criminal charges are a ‘basic legal error’

Alec Baldwin was finally handed down criminal charges for his role in the death of cinematographer Halyna Hutchins on the set of Rust, for which he’s facing 18 months behind bars along with a possible five-year enhancement for operating a firearm. However, Baldwin is now arguing that the enhancement that could extend his sentence is a “basic legal error” based on the circumstances.

Lawyers representing the 64-year-old actor are making the case that the version of the law which allows for the enhancement didn’t become effective until May 2022. Previously, the law made provisions for a three-year enhancement for brandishing a firearm in the course of a felony, but specifically in the instance of “intent to intimidate or injure a person.”

Baldwin was formally charged along with Rust armorer Hannah Gutierrez Reed on Jan. 31, who is facing the same sentence. Gutierrez Reed is likewise intending to file a motion to throw out the enhancement.

“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,” said Baldwin’s lawyer Luke Nikas, according to Variety. He added that under the state and federal constitutions, the version of the statute “could not apply to conduct that occurred before it was enacted.”

“The government’s statement of probable cause contains no allegation that Mr. Baldwin acted ‘with intent to intimidate or injure a person,’ and its description of the alleged conduct makes clear that the tragic death of cinematographer Halyna Hutchins was an accident,” Nikas argued.

On paper, it does seem like a bit of a stretch that either Baldwin or Gutierrez Reed acted with intent to intimidate or injure, when in fact they were more likely guilty of gross negligence. Though, whether a judge will see it that way remains to be seen.

In response to the charges, the family of Hutchins has released a statement, saying that “no one is above the law.”

Baldwin’s preliminary hearing is currently set for Feb. 24, within 60 days of his first appearance.