A spokesperson for the DA said it was done to avoid further 'litigious distractions'.
“We applaud the decision of the district attorney to dismiss the firearm enhancement and it was the right call, ethically, and on the merits," said Jason Bowles, an attorney for Gutierrez-Reed.
In 2022, the criteria for applying the firearm enhancement -with the 5-year minimum prison sentence - was expanded to include when a weapon was simply "discharged" in the commission of a noncapital felony. Videos from inside the church prior to the shooting show Baldwin with his finger on the trigger, the prosecution's special investigator, Robert Shilling, said in a statement of probable cause.
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