FILE – Actor Alec Baldwin speaks during a news conference at the United Nations September 21, 2015. Prosecutors in the case of the fatal shooting on the set of a Baldwin movie at New -Mexico have withdrawn the possibility of a mandatory five-year sentence against the actor, according to court documents released on February 20, 2023. (AP Photo/Seth Wenig, File)

By ANITA SNOW (AP) — Prosecutors in the fatal New Mexico film set shooting case made a sweeping change on Monday, removing the possibility of a mandatory five-year prison sentence for Alec Baldwin , according to new court documents.

Lawyers for the actor and producer had previously opposed the aggravation, arguing it was unconstitutional since it was added after the October 2021 shooting. Legal experts said Baldwin had a good chance of d to be deposed.

“Prosecutors made a fundamental legal error in charging Mr. Baldwin under a version of the aggravated firearms law that did not exist on the date of the accident,” Baldwin’s lawyers said in a previous file.

Baldwin’s attorney declined to comment on Monday after prosecutors, who had previously criticized his efforts to have the sentencing request dismissed, amended. The equivalent of a possible mandatory sentence of five years in prison would be a reckless disregard for safety “without caution or circumspection” and would involve a more serious offence.

The remaining alternative and possible penalties in the case now require proof of negligence, which can result in up to 18 months in jail and a $5,000 fine, under the law. from New Mexico.

Heather Brewer, a spokeswoman for the New Mexico First District Attorney’s Office, said in an email this month that the prosecution’s focus will remain “to ensure justice is served and that all everyone, including celebrities with fancy lawyers, is held accountable under the law.”

Baldwin and Hannah Gutierrez-Reed, the weapons supervisor on the set of the movie ‘Rust,’ were charged last month with manslaughter in the death of cinematographer Halyna Hutchins, who died shortly after being injured by live ammunition during rehearsals at a ranch outside Santa Fe.

Authorities said Baldwin was pointing the gun at Hutchins when the gun discharged, killing her and injuring director Joel Souza.

Hutchins’ parents and sister filed a lawsuit over the shooting after a similar lawsuit filed by Hutchins’ husband and son resulted in a legal settlement.

Production was halted due to filming, but is expected to resume in the coming months. Rust Movie Productions said Hutchins’ widower, Matthew Hutchins, will serve as the film’s new executive producer and Blanca Cline will serve as the new cinematographer.

Rust Movie Productions said last week that they plan to make a documentary that will chronicle the making of the film and the life of Halyna Hutchins.

Souza will return as director when production restarts, although it’s unclear in what state filming will take place.

Representatives from Rust Movie Productions said the use of “working weapons” and “any form of ammunition” will be prohibited on set.

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Associated Press writer Andrew Dalton contributed to this report from Los Angeles.

FILE- An aerial view of the film set "Rust" at the Bonanza Creek Ranch in Santa Fe, New Mexico on October 23, 2021. Prosecutors in the case of the fatal shooting at an Alec Baldwin movie set in New Mexico have dropped the possibility of a sentence five-year mandatory sentence against the actor, according to court documents released Feb. 20, 2023. (AP Photo/Jae C. Hong, File)
FILE – An aerial view of the film set of ‘Rust’ at Bonanza Creek Ranch in Santa Fe, New Mexico, October 23, 2021. Prosecutors in the Alec Baldwin film set shooting case in New Mexico withdrew the possibility of a five-year mandatory sentence against the actor, according to court documents released Feb. 20, 2023. (AP Photo/Jae C. Hong, File)

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