Alec Baldwin tries to have involuntary manslaughter charge thrown out
Alec Baldwin is attempting to have one of the charges of involuntary manslaughter, which could see him jailed for five years, thrown out by a US court.
Lawyers for the actor argued that New Mexico prosecutors had committed an “unconstitutional and elementary legal error” by charging him under a statute that did not exist at the time of the fatal shooting.
Baldwin was charged with two counts of involuntary manslaughter by the Santa Fe District Attorney’s office, over the death of cinematographer Halyna Hutchins in on the set of the western movie Rust in October 2021.
The first charge can be referred to as involuntary manslaughter and requires proof of underlying negligence.
The second charge is involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved in a death, and includes a firearm enhancement, which makes the crime punishable by a mandatory five years in prison.
But in a filing on Friday, Baldwin’s lawyers said the enhancement had only been enacted last May, seven months after the incident, and that the charge was therefore “unlawful”.
“The prosecutors in this case have committed an unconstitutional and elementary legal error by charging Mr Baldwin under a statute that did not exist on the date of the accident,” the motion 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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Baldwin’s lawyers promise to fight
The filing added: “Mr Baldwin also respectfully requests that the Court decline to bind over that enhancement.”
Baldwin is due to make his first court appearance in two weeks on 24 February, to face the charges.
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It comes after a separate civil lawsuit was filed on Thursday by the family of Ms Hutchins.
The family are suing Baldwin and the Rust movie production company alleging battery, intentional infliction of emotional distress, negligence, and loss of consortium.
Loss of consortium is a claim which seeks to recover compensation for damage to certain relationships that are mutually dependent.
A former top college football player has died along with members of her family in a private plane crash in New York state.
The twin-engine Mitsubishi MU-2B went down shortly after noon on Saturday in a muddy field in Copake, near the Massachusetts border, killing all six people on board.
Among the victims were Karenna Groff, a former MIT (Massachusetts Institute of Technology) football player, who was named the 2022 NCAA (National Collegiate Athletic Association) woman of the year.
Her neuroscientist father, Dr Michael Groff, her mother, Dr Joy Saini, a urogynecologist, and her brother, Jared Groff, who worked as a paralegal, were also killed.
Former college football player Karenna Groff. File pic: AP
Karenna Groff’s boyfriend, James Santoro, and Jared Groff’s partner, Alexia Couyutas Duarte, also died.
Mr Santoro’s father, John Santoro, said: “The 25 years we had with James were the best years of our lives… and the joy and love he brought us will be enough to last a lifetime.”
He described Karenna Groff and her relatives as “a wonderful family”.
“The world lost a lot of very good people who were going to do a lot of good for the world if they had the opportunity. We’re all personally devastated,” he added.
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They boarded Michael Groff’s private plane at Westchester County Airport in White Plains, a suburb of New York City, on Saturday morning to fly to Columbia County Airport.
But the aircraft crashed around 10 miles to the south and was left “compressed, buckled and embedded in the terrain”, National Transportation Safety Board (NTSB) official Todd Inman said.
Shortly before the plane came down, the pilot had radioed air traffic control at Columbia County Airport to say he had missed the initial approach and requested a new approach plan, he said.
Investigators obtained video of the final seconds of the flight, which “appears to show that the aircraft was intact and crashed at a high rate of descent into the ground,” he added.
A full accident report could take between 12 and 24 months to complete.
It comes days after a family of five Spanish tourists, including three children, were killed in a helicopter crash in the Hudson River on Thursday.
Pennsylvania Governor Josh Shapiro and his family were forced to flee in the middle of the night during Passover after an alleged arsonist set fire to their residence, authorities said.
Mr Shapiro, a Democrat seen as a potential candidate for his party’s presidential nomination in 2028, said he and his family woke up at about 2am on Sunday to “bangs on the door” by police after a fire was allegedly set at the governor’s residence in Harrisburg.
Mr Shapiro said he, his wife, their four children, two dogs and another family were evacuated as the fire service tackled the flames.
Pic: Commonwealth Media Services
Pic: Commonwealth Media Services
“Thank God no one was injured,” he said in a post on X.
A 38-year-old man identified as Cody Balmer, from Harrisburg, was arrested later in the day.
Pic: Commonwealth Media Services
Pic: Commonwealth Media Services
He will face charges of attempted murder, terrorism, aggravated arson and aggravated assault, authorities said.
“Every day, we stand with the law enforcement and first responders who run towards danger to protect our communities,” Mr Shapiro said on X.
“Last night, they did so for our family – and Lori and I are eternally grateful to them for keeping us safe.”
Pic: Commonwealth Media Services
Charred wood and brick are visible at the Pennsylvania governor’s official residence. Pic: AP
Pennsylvania governor Josh Shapiro. Pic: Reuters
The suspect’s motive is still unknown.
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According to Pennsylvania police officials, he slipped over a fence around the property carrying homemade incendiary devices and evaded state troopers long enough to enter the residence, set it on fire and leave.
On Saturday, Mr Shapiro posted a picture of his family’s “seder” table as they celebrated the first night of the Jewish holiday of Passover.
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