As discussed in this ^ post, the DA clearly made a mistake, because the actual text of the law in effect at the time of the shooting (passed in 2020, effective 2021) specified "brandished" a firearm -- AND it had
replaced prior law that said "used." While that may not have been the intent of the change passed in 2020, it was the law on the books in 2021, until they went back with new wording (that went into effect in 2022) saying both "brandished" and "used." I think the lawmakers made a mistake, and the DA followed what was the intent of the law (but not it's actual wording).
In the Feb 10 motion, the defense said (accurately): "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."
The defense caught the mistake, and now the DA has backed down, as they must.
However, it's interesting how the DA has tried to spin this development. Rather saying saying, "Oops,
we made a mistake in which statute we have used, so we are taking the 5 year enhancement off the table and our apologies," they have tried to spin this a different way in which they cast aspersions at the defense for making the DA stick to the law (which to me, is classless). Their statement:
"In order to avoid further
litigious distractions by Mr. Baldwin and his attorneys, the District Attorney and the special prosecutor have removed the firearm enhancement to the involuntary manslaughter charges in the death of Halyna Hutchins on the 'Rust' film set. The prosecution's priority is securing justice, not securing billable hours for big-city attorneys."
Litigious distractions? That's BS - the DA had illegally charged AB for a crime that did not exist, and defense forced them to stop. Hardly a distraction, if you are the one who the govt is trying to imprison illegally.
The DA continued taking pot-shots, even though this was their own doing. Further BS, trying to label this an "attempt to distract" rather than the defense cleaning up the DA's blunder, followed by ad hominem attacks and self-serving pomposity.
""Another day, another motion from Alec Baldwin and his attorneys in an
attempt to distract from the gross negligence and complete disregard for safety on the 'Rust' film set that led to Halyna Hutchins' death. In accordance with good legal practice, the District Attorney and the special prosecutor will review all motions -- even those given to the media before being served to the DA. However, the DA's and the special prosecutor's focus will always remain on ensuring that justice is served and that everyone -- even celebrities with fancy attorneys -- is held accountable under the law."
Very disappointing behavior by the DA imo.
The Santa Fe District Attorney's Office announced it is dropping the gun enhancement charge against Alec Baldwin in the "Rust" shooting.
abcnews.go.com