Alec Baldwin’s attorneys filed a motion Friday arguing that the New Mexico prosecutors have wrongly charged the actor with an involuntary manslaughter charge that carries a mandatory five-year jail sentence. Baldwin was charged late last month for the October 2021 fatal on-set shooting of cinematographer Halyna Hutchins.
In a motion filed in Santa Fe’s First Judicial District, Baldwin’s attorneys argued that the firearm enhancement does not apply to Baldwin because the actor did not have a firearm at the time of the incident. The motion further claims that the prosecutors did not provide sufficient evidence to show that Baldwin acted with “reckless disregard” or “criminal negligence” to justify the involuntary manslaughter charge.
The motion also argued that the New Mexico statute under which Baldwin was charged does not apply to his case, as the statute is intended to address cases of gross negligence that result in death. The motion claims that there is no evidence that Baldwin acted with gross negligence, and that the prosecutors have failed to provide sufficient evidence to support the charge.
Baldwin’s attorneys are asking the court to dismiss the involuntary manslaughter charge and the firearm enhancement, as they believe that the prosecutors have failed to provide sufficient evidence to support the charge. The court will now determine whether Baldwin’s motion will be granted.
2023-02-11 09:34:57
Original from www.cnbc.com
Alec Baldwin, the award-winning American actor best known for his portrayal of Jack Donaghy on the sitcom 30 Rock, is facing a mounting legal battle, with the actor’s attorneys seeking to mitigate the potential punishments he could receive.
The controversy arose when Baldwin was arrested and taken into NYPD custody last month for allegedly punching another man during a parking dispute in New York City. He was charged with misdemeanor assault and harassment, and could face up to one year in jail if convicted on both charges.
In response, Baldwin’s attorneys are attempting to reduce the charges, potentially even to a non-criminal violation, so that the actor faces little to no jail time. The attorneys have argued for a reduction of the charges in order to take into account Baldwin’s “clean record, full cooperation and deep contrition.”
Baldwin himself has apologized for his actions, stating that he felt embarrassed and remorseful. He also conceded that he had been “wrong” in the argument. Baldwin’s apology, combined with the attorney’s pleas, may prove a powerful tool in arguing against the maximum punishment.
Nonetheless, many legal observers believe that a reduction of punishment is unlikely and that the actor faces a considerable challenge in defending himself in court. If convicted, he will almost certainly face a hefty fine and some form of community service, in addition to a possible jail sentence.
The court’s decision on Baldwin’s legal proceedings, and the punishment he is ultimately handed, will be watched by many. For the time being, however, the actor’s attorneys are doing all they can to mitigate the potential consequences to his actions.
