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Alec Baldwin Slams Prosecution In 'Rust' Fatal Shooting Criminal Case After Charges Downgraded

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Feb. 21 2023, Updated 8:01 p.m. ET

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Though Alec Baldwin got a win in his current criminal case — he will likely not serve five years in jail — the actor, 64, and his attorneys responded to the sentence being reduced with some snark.

“In light of the government’s concession that its decision to charge the enhancement was legally erroneous, the Motion is now moot,” the February 20 filed notice of withdrawal read. “As set forth in the Motion, the inclusion of the enhancement thus violated the Ex Post Facto Clauses of both the United States and New Mexico Constitutions."

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An email between Baldwin's lawyers Luka Nika and Heather LeBlanc noted that special prosecutor Andrea Reeb had “finally taken the time to examine the enhancement statute and now ‘100 percent agree[d]’ with Mr. Baldwin’s ‘assessment of the issue.’”

"After waiting more than a week, on February 20, 2023, the government filed a First Amended Criminal Information (the 'Amended Information'), which omits the unconstitutional enhancement. The government has nevertheless continued to issue statements to the media criticizing Mr. Baldwin and his counsel for filing a meritorious motion, stating that the government’s withdrawal of the enhancement is intended to 'avoid further litigious distractions by Mr. Baldwin and his attorneys' and that the prosecution’s priority is “securing justice, not securing billable hours for big-city attorneys," the motion reads.

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The motion continues, "Saying the quiet part out loud in a case that seems destined to be legal trench warfare and tossing correspondence out in public for clear effect, Baldwin’s team are clearly putting the prosecution on notice that they will litigate this in the communal sphere as well – a state of affairs that already seems to have reached a boiling point for both sides."

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The 30 Rock star and his legal team have neglected to comment on the charges, but Jason Bowles, the attorney for Rust armorer Hannah Gutierrez-Reed, said, “We applaud the decision of the District Attorney to drop the gun enhancement and it was the right call, ethically, and on the merits,” the attorney told Deadline on Monday, February 20.

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As OK! previously reported, the D.A. dropped the gun enhancement charge in the case against the Hollywood star, who killed cinematographer Halyna Hutchins while holding a "cold" gun, meaning it wasn't supposed to be loaded.

Now, he will likely serve 18 months behind bars, potentially less depending on what the judge rules.

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