20 February 2023 , 17:30
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Alec Baldwin has had one of the key charges of involuntary manslaughter dropped in the case involving the fatal shooting of Rust cinematographer Halyna Hutchins.
The Santa Fe County District Attorney's office has dropped the gun enhancement charge against the actor, which could have seen him jailed for five years.
The decision comes after Baldwin's lawyers accused New Mexico prosecutors of committing an "elementary legal error" after charging him under a statute which didn't exist at the time of the shooting.
Baldwin has been charged with two counts of involuntary manslaughter by the Santa Fe District Attorney’s office over the death of Halyna.
The mother-of-one was killed on the set of Rust in October 2021 when Baldwin discharged a prop gun, which also injured the film's director Joel Souza.
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Alec Baldwin has had the gun enhancement charge against him dropped (Santa Fe County Sheriff's Office)Halyna, 42, was airlifted to hospital from the New Mexico set but died of her injuries.
The first of Baldwin's charges can be referred to as involuntary manslaughter and requires proof of underlying negligence.
The second charge is involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved in a death.
It included a firearm enhancement, which makes the crime punishable by a mandatory five years in jail.
Halyna Hutchins was killed on the set of Rust (Halyna Hutchins/Instagram)According to TMZ however, the charge was dropped after Baldwin's lawyer filed a motion criticising prosecutors for using a law which didn't apply to the actor.
In the filing, his lawyers said such enhancement had only been enacted last May, seven months after the fatal incident.
They added that the charge was "unlawful".
"The prosecutors, in this case, have committed an unconstitutional and elementary legal error by charging Mr Baldwin under a statute that did not exist on the date of the accident," the motion read.
Now that the gun enhancement charge has been removed, Baldwin faces up to 18 months behind bars if he's convicted of involuntary manslaughter.
Baldwin is due to make his first appearance in US court on February 24, to face the criminal charges.
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It comes after a separate civil lawsuit was filed earlier this month by the family of Ms Hutchins.
The family are suing Baldwin and the Rust movie production company for alleged battery, intentional infliction of emotional distress, negligence, and loss of consortium.
Loss of consortium is a claim which seeks to recover compensation for damage to certain relationships that are mutually dependent.