Rust shooting special prosecutor Andrea Reeb is stepping down following claims that her position was violating New Mexico’s state constitution.
The decision comes after Baldwin’s lawyer filed a motion asking the presiding judge to remove her from the case. Reeb is also a state legislator, and according to court documents, that made her ineligible to serve with the prosecution.
“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,” reads the filings.
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Former ‘Rust’ Shooting Special Prosecutor Does Not Want Her Position to ‘Cloud’ the Case
This evening, Reeb announced that she had decided to voluntarily resign as special prosecutor.
“After much reflection, I have made the difficult decision to step down as special prosecutor in the Rust case,” she said in a statement to TMZ. ” My priority in this case — and in every case I’ve prosecuted in my 25-year career — has been justice for the victim.”
“However,” she continued. “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,” Reeb concluded.
The New Mexico DA’s office has officially become the process of removing Reeb from the case. It is not clear who will take her place.
Alec Baldwin’s Firearm Enhancement Dropped From ‘Rust’ Charges
This is the second major win for Baldwin’s legal team as he faces trial for two counts of involuntary manslaughter.
Originally, Baldwin’s charges also included an added firearm enhancement. If found guilty, that would have tacked a mandatory minimum of 5 extra years onto his sentence. However, Baldwin’s lawyer learned the statute did not go into effect until seven months after the shooting. Because of that, the DA dropped the enhancement.
“Application of the current version of the statute would be unconstitutionally retroactive,” Luke Nikas wrote in a filing on February 10th. “And the government has no legitimate basis to charge Mr. Baldwin under the version of the statute that existed at the time of the accident.”
Baldwin’s current charges each carry a maximum of 18 months in prison.
