Luigi Mangione scored a major legal victory on Tuesday as a judge dismissed the two top state charges against him: first-degree murder and second-degree murder, both of which prosecutors had argued were terrorism crimes.
Mangione still faces an additional second-degree murder charge, as well as a federal murder charge, in the killing of United HealthCare executive Brian Thompson last December.
The judge overseeing Mangione’s state criminal case, Gregory Carro, said “the evidence put forth was legally insufficient” for the two terrorism-related charges, in a written decision that was posted during a 15-minute proceeding in Manhattan court on Tuesday.
“Counts one and two, charging [the] defendant with murder in the first degree (in furtherance of an act of terrorism) and murder in the second degree as a crime of terrorism, are dismissed as legally insufficient,” Carro wrote. “The people presented legally sufficient evidence of all other counts, including murder in the second degree (intentional).”
Mangione also faces federal charges for allegedly gunning down Thompson outside a hotel, and weapons possession counts.
Mangione’s defense had also argued his case should be dismissed because of double jeopardy – being prosecuted twice for the same crime – because he was charged with murder in state and federal court. The judge rejected that argument.
Carro pointed to a supreme court decision stipulating that state and federal government are “two sovereigns”, and “where there are two sovereigns, there are two laws, and two offenses”.
“Thus, there is no double jeopardy violation,” he wrote.
Carro also rejected the defense’s bid to put Mangione’s state case on hold so he can face his federal trial first. Mangione’s team has argued that testifying in the state case could harm his defense in the federal death penalty trial, and claimed the timing could violate his right against self-incrimination.
In response to Carro’s ruling, a spokesperson for the Manhattan district attorney’s office commented: “We respect the Court’s decision and will proceed on the remaining nine counts, including Murder in the Second Degree.”
The sentence for second-degree murder in New York ranges from 25 years to life imprisonment. Mangione is scheduled to return to state court on 1 December.
Mangione entered the Manhattan courtroom just before 9.30am, wearing khaki jail scrubs, with handcuffed wrists and shackled ankles. His appearance came six days after the rightwing commentator Charlie Kirk was shot dead during an event at Utah Valley University. The shootings of Thompson and Kirk have prompted highly politicized rhetoric.
Although a motive in Kirk’s shooting remains unknown, conservatives have used the incident to call for the investigation of progressive political groups. Donald Trump has demanded the death penalty against the suspected Kirk shooter, Tyler Robinson, and his justice department is seeking the death penalty for Mangione.
The US attorney general, Pam Bondi, called Thompson’s killing “a premeditated, cold-blooded assassination that shocked America”. Bondi said her decision was in step with “Trump’s agenda to stop violent crime and make America safe again”.
The killing sparked a contentious public debate about US healthcare that crossed the political aisle, with some praising Mangione and denouncing healthcare companies and many others outraged that a murder would be used to air political grievances.
On Tuesday outside the 100 Centre Street courtroom, as with his prior court appearances, Mangione supporters gathered for a glimpse of him, lining up for courtroom seats and fanning themselves with yellow index cards that guaranteed entry. One woman wore a black T-shirt emblazoned with “FREE LUIGI” and another a white one reading “LUIGI’S PIZZA”.
Another woman, who like others appeared to be in her 20s, wore a deep green leopard frock, with coordinating socks and ankle-strap platform heels. Some attendees had on medical masks.
When lead defense attorney Karen Agnifilo entered the 13th floor hallway where this proceeding was held, some of Mangione’s fans craned their necks to get a better look. Meanwhile, a faint scent of marijuana briefly hung in the air.
After the proceeding wrapped, with Mangione landing a victory, he looked forward while being escorted from court. He raised his eyebrows while walking down the aisle.
