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The special prosecutor assigned to determine whether actor Alec Baldwin is criminally liable for the death of a cinematographer on the set of the film “Rust” has made a major decision about the case. Andrea Reeb announced in a statement on Tuesday that she would be stepping away from the case.
“After much reflection, I have made the difficult decision to step down as special prosecutor in the ‘Rust’ case,” Reeb said in a statement that was released by the office of New Mexico’s First Judicial District Attorney on Tuesday.
“My priority in this case—and in every case I’ve prosecuted in my 25-year career—has been justice for the victim. However, it has become clear that the best way I can ensure justice is served in this case is to step down so that the prosecution can focus on the evidence and the facts, which clearly show a complete disregard for basic safety protocols led to the death of Halyna Hutchins. I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand,” she added.
Hutchins was killed on Oct. 21, 2021, after a gun Baldwin was holding fired.
Just days after being charged with involuntary manslaughter last month, Baldwin’s attorney filed a motion to have her removed from the case.
In court documents obtained by Fox News Digital, Baldwin’s attorney contended that Reeb could not fulfill the roles of both the special prosecutor and a member of the New Mexico House of Representatives at the same time.
“Doing so vests two core powers of different branches – legislating and prosecuting – in the same person and is thus barred by the plain language of Article III of the New Mexico Constitution,” the legal documents noted.
“Were the arrangement here approved by the courts, future District Attorneys could seek to curry favor with legislators who control their budgets by appointing them to high-profile cases – distorting the legislative process,” Baldwin’s lawyers wrote.
In response to Reeb’s resignation, Luke Nikas, Baldwin’s lawyer, referred to the previous motion to disqualify her on Tuesday. He specifically cited a section that stated, there is “no question that Representative Reeb is violating both the plain text and the purpose of the New Mexico Constitution’s separation-of-powers provision by serving simultaneously as a legislator and a prosecutor.”
The “30 Rock” actor was charged with two counts of involuntary manslaughter on Jan. 31 in connection to the death of Hutchins. He entered a plea of not guilty last month.
Earlier, Reeb had removed a firearms sentencing enhancement against Baldwin and former “Rust” armorer Hannah Gutierrez-Reed because the applicable law did not exist at the time of the shooting. If convicted, the enhancements could have led to several years in prison for them.
“Gutierrez-Reed was also charged with two counts of involuntary manslaughter. She has not yet entered a plea,” Fox News reported.
Baldwin’s lawyers had argued the enhancement was “unconstitutional” in a Feb. 10 court filing, the outlet reported.
“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 filing read.
If found guilty, Baldwin could face a maximum sentence of 18 months in jail.
The first assistant director of the film, David Halls, pleaded guilty to negligent use of a deadly weapon earlier this year and was sentenced to six months of unsupervised probation, which was suspended.
“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,” Heather Brewer, a spokesperson for the district attorney, told Fox News Digital in February. “The prosecution’s priority is securing justice, not securing billable hours for big-city attorneys.”
Baldwin has claimed in court filings that he did not pull the trigger of the gun that killed Hutchins, though according to reports, he was the one holding it at the time of the incident.
