Alec Baldwin’s Charges Downgraded, Lessening Possible Prison Time

Heather Brewer, a spokesperson for the New Mexico First Judicial District Attorney told Forbes the firearm enhancements were dropped from the two involuntary manslaughter charges Baldwin and armorer Hannah Gutierrez-Reed are each facing “in order to avoid further litigious distractions by Mr. Baldwin and his attorneys.”

Both Baldwin and Gutierrez-Reed were charged in the alternative, meaning that should a jury find either of them guilty, the group would have to decide which definition of involuntary manslaughter each defendant is guilty of.

For the first charge of involuntary manslaughter, prosecutors would have to prove there was “underlying negligence,” and as a fourth-degree felony it carries a $5,000 fine and up to 18 months in jail, as well as a misdemeanor charge of negligent use of a firearm, “which would likely merge as a matter of law,” a DA statement announcing the charges read.

The second charge is involuntary manslaughter in the commission of a lawful act, and requires proof that “there was more than simple negligence involved in a death,” and it is also a fourth-degree felony and carries the same fine and maximum prison time.

Because a gun was involved, this second charge initially carried a firearm enhancement, or a mandatory five years in jail.

Hutchins’ death occurred on October 21, 2021, and the version of the firearm enhancement law Baldwin and Gutierrez-Reed were charged under was not enacted until 2022, their lawyers argued.