New Delhi, India

Earlier this month, actor Alec Baldwin along with the 'Rust' armourer Hannah Gutierrez-Reed was charged with involuntary manslaughter in connection to the 2021 set incident when Alec fatally shot cinematographer Halyna Hutchins. 

However now, with a hope to save Alec from the charges, the attorney of the celebrity on Friday alleged that the prosecutors who have charged the actor over the death of Hutchins have made a "basic legal error."

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''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 court document read. 

"It thus appears that the government intended to charge the current version of the firearm enhancement statute, which was not enacted until May 18, 2022, seven months after the accident."

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If convicted, both Alec and the armourer can face up to 18 months in jail and as an additional punishment due to a gun being involved, they may charge him with a five-year gun enhancement. 

The actor's attorney has pointed out the enhancement, which was not applicable at the time of the 'Rust' shooting. The new version came into effect in May 2022, seven months after the incident. 

The previous version allows only a three-year prison increase.

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The actor's lawyers have asked to throw out the enhancement as a violation of the constitution’s “ex post facto” clause, per Variety. 

Baldwin's lawyers have also argued that the five-year enhancement does also not apply in this case either because it requires “intent to intimidate or injure a person.”

''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,” Baldwin’s lawyers wrote.

The next hearing is scheduled for February 24.

Meanwhile, the parents and sister of the cinematographer who was shot dead on the set of a low-budget western are suing star Alec Baldwin and the movie's producers, lawyers said. Read the full story here.

(With inputs from the agency)