Charges in the ‘Rust’ case are now being challenged. Hannah Gutierrez-Reed is facing up to six and a half years in jail. Her attorney Jason Bowles is arguing the firearm enhancement added to the involuntary manslaughter charges for Gutierrez-Reed are not valid. Bowles said the Santa Fe County District Attorney’s Office has made a mistake. “Is the firearm enhancement charge that your client is facing accurate,” Target 7’s John Cardinale asked Bowels. “It is not accurate. It is the 2022 version, which is not applicable to a crime that is alleged to have occurred in 2021.” Bowles responded. KOAT Legal Expert John Day said Bowles has an argument. “The law that was in place at the time of the shooting is the law that’s going to control, because you can’t have what’s called ex post facto laws to make things after the facts more serious or even less serious,” Day said. “What does the 2021 version say,” Cardinale asked Bowles.“The prior law, you had to have brandishing. You had to have the intent to intimidate or to assault somebody, in essence. And I don’t think they can prove that on anybody,” Bowles said. “My client did not have that intent. She could not have had that intent. She didn’t have the weapon in her possession. So, she didn’t have to have the intent. And she did not violate that firearm enhancement that was on the books at the time.” Bowles said the Santa Fe County Sheriff’s Office made a mistake by charging his client with a statute that passed after the ‘Rust’ shooting. But Day said there may have been no mistake made. “You know, if that’s how the D.A. charged that, you have to assume that she has a plan. At the end of the day, it’s one of the elements she’s going to have to prove if she wants that firearm enhancement,” Day said. “Will you file a motion to have the firearm enhancement thrown out,” Cardinale asked Bowles. “We are going to file motions to have the firearm enhancement thrown out. Clearly it’s unconstitutionally applied in this case by the D.A. It’s kind of unbelievable they charged it,” Bowles said. Bowles said his motion should be officially filed on Friday. If that firearm enhancement is thrown out, Gutierrez-Reed faces up to 18 months if convicted. In response, the D.A.’s office sent this statement: “The District Attorney and special prosecutor are actively reviewing all applicable laws to ensure they have the strongest case to secure justice for Halyna Hutchins.”
Charges in the ‘Rust’ case are now being challenged.
Hannah Gutierrez-Reed is facing up to six and a half years in jail.
Her attorney Jason Bowles is arguing the firearm enhancement added to the involuntary manslaughter charges for Gutierrez-Reed are not valid.
Bowles said the Santa Fe County District Attorney’s Office has made a mistake.
“Is the firearm enhancement charge that your client is facing accurate,” Target 7’s John Cardinale asked Bowels.
“It is not accurate. It is the 2022 version, which is not applicable to a crime that is alleged to have occurred in 2021.” Bowles responded.
KOAT Legal Expert John Day said Bowles has an argument.
“The law that was in place at the time of the shooting is the law that’s going to control, because you can’t have what’s called ex post facto laws to make things after the facts more serious or even less serious,” Day said.
“What does the 2021 version say,” Cardinale asked Bowles.
“The prior law, you had to have brandishing. You had to have the intent to intimidate or to assault somebody, in essence. And I don’t think they can prove that on anybody,” Bowles said. “My client did not have that intent. She could not have had that intent. She didn’t have the weapon in her possession. So, she didn’t have to have the intent. And she did not violate that firearm enhancement that was on the books at the time.”
Bowles said the Santa Fe County Sheriff’s Office made a mistake by charging his client with a statute that passed after the ‘Rust’ shooting.
But Day said there may have been no mistake made.
“You know, if that’s how the D.A. charged that, you have to assume that she has a plan. At the end of the day, it’s one of the elements she’s going to have to prove if she wants that firearm enhancement,” Day said.
“Will you file a motion to have the firearm enhancement thrown out,” Cardinale asked Bowles.
“We are going to file motions to have the firearm enhancement thrown out. Clearly it’s unconstitutionally applied in this case by the D.A. It’s kind of unbelievable they charged it,” Bowles said.
Bowles said his motion should be officially filed on Friday.
If that firearm enhancement is thrown out, Gutierrez-Reed faces up to 18 months if convicted.
In response, the D.A.’s office sent this statement:
“The District Attorney and special prosecutor are actively reviewing all applicable laws to ensure they have the strongest case to secure justice for Halyna Hutchins.”
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)