Baldwin will appear virtually in court on Friday.
February 21, 2023, 8:10 PM
Alec Baldwin's defense attorneys on Tuesday withdrew their motion challenging the gun enhancement charges that prosecutors in New Mexico dropped from the criminal charges but not without a few pointed words for their adversaries.
The Santa Fe District Attorney's Office announced Monday it is dropping the gun enhancement charge -- a crime that would have carried a five-year sentence if convicted -- against Baldwin in the fatal shooting of cinematographer Halyna Hutchins on the set of "Rust" in October 2021.
The defense notice to withdraw took aim at the special prosecutor's characterization of Baldwin's counsel as "fancy lawyers" who were attempting to "distract" from the case.
This file handout photo released April 25, 2022, courtesy of Santa Fe County Sheriff's Office and part of the investigative files, shows actor Alec Baldwin being processed after the death of cinematographer Halyna Hutchins at the Bonanza Creek Ranch in Santa Fe, New Mexico, on Oct. 21, 2022.
-/Santa Fe County Sheriff's Office
"Members of the prosecution team had amplified the error in the Original Information by repeatedly giving interviews on national television in which they erroneously claimed that the enhancement was not only applicable to Mr. Baldwin, but mandatory, and that Mr. Baldwin was facing an additional five years in prison as a result," defense attorney Luke Nikas said.
Nikas included a series of emails from special prosecutor Andrea Reeb, one of which accused the defense of failing to follow proper procedures and threatened to pursue sanctions. A subsequent email backtracked.
"I 100 percent agree with your assessment on the issue. I will have our documents drafted to amend the criminal information to take off the firearm enhancement and file something withdrawing the firearm enhancement," the email, dated Feb. 12, said.
More than a week later, Feb. 20, Reeb filed the amended charging document that dropped the enhancement.
Baldwin still faces a charge of involuntary manslaughter for the shooting, however, that crime would carry a lesser sentence of 18 months if convicted.
His first court appearance, virtual, is scheduled for Friday.
ABC News' Mark Osbourne contributed to this report.
