A New Mexico prosecutor admitted that it was “100 percent” wrong to hit Alec Baldwin with a gun enhancement charge that carried a five-year potential prison sentence in the “Rust” movie set shooting death of cinematographer Halyna Hutchins, emails show.

Baldwin’s defense attorneys on Tuesday withdrew their motion challenging the firearm enhancement as “unconstitutional” after it was officially dropped by New Mexico First Judicial District Attorney Mary Carmack-Altwies.

The court filing contains emails from the special prosecutor appointed by the DA to the case, Andrea Reeb.

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In a February 12 email to Baldwin’s lawyers, Reeb wrote: “We are a tad confused on your motion on the firearm enhancement,” according to the court documents.

Read more: yahoo