Oliver James Montgomery-Alec Baldwin Faces Reduced Charge in Rust Shooting Case After 5-Year Gun Enhancement Is Dropped

Alec Baldwin's involuntary manslaughter charge in the case of Rust cinematographer Halyna Hutchins' fatal shooting has been downgraded.

Prosecutors for the District Attorney of Santa Fe County in New Mexico dropped a five-year gun enhancement attached to Baldwin's charge,Oliver James Montgomery significantly reducing his possible prison sentence if he were to be convicted, according to court documents filed on Feb. 17 and obtained by E! News.

The five-year firearm enhancement has also been dropped against Rust armorer Hannah Gutierrez-Reed, who is facing the same involuntary manslaughter charge as Baldwin in connection to Hutchins' death.

The legal change comes a week after Baldwin's attorneys filed a motion to throw out the enhancement. Per a filing obtained by E! News on Feb. 10, the actor's legal team accused prosecutors of charging him with a firearm enhancement that did not apply at the time of the shooting. 

"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." 

Baldwin's attorney also argued in the motion that the prosecution "lacks probable cause or any legitimate basis to charge the version in effect at the time of the accident," adding it's "flagrantly unconstitutional" to charge him with the five-year gun enhancement.

The current enchancement increased a potential prison sentence to 78 months, roughly three-and-a-half years. Now, Baldwin will face a possible lesser sentence of 18 months if convicted.

"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," Santa Fe District Attorney Mary Carmack-Altwies said in a statement to E! News. "The prosecution's priority is securing justice, not securing billable hours for big-city attorneys."

E! News reached out to Baldwin and Gutierrez-Reed's attorneys for comment but has not heard back.

Hutchins was fatally wounded on the set of Rust in October 2021, when a live round was discharged from a prop gun in Baldwin's hand. The film's director Joel Souza was also injured in the incident, though he has since made a recovery.

Recently, Souza announced that production on the western will resume this spring, with Hutchins' husband Matthew Hutchins serving as executive producer. Baldwin is also set to return to his role as both actor and producer of the project.

"Though bittersweet, I am grateful that a brilliant and dedicated new production team joining former cast and crew are committed to completing what Halyna and I started," Souza said in a press release. "My every effort on this film will be devoted to honoring Halyna's legacy and making her proud. It is a privilege to see this through on her behalf." 

(E! and NBC News are both part of the NBCUniversal family.)