A New York judge on Tuesday threw out the top terrorism-related charges against Luigi Mangione, the man accused of gunning down UnitedHealthcare CEO Brian Thompson, narrowing the state's case but leaving a second-degree murder charge in place that could still send the 27-year-old to prison for 25 years to life.
Judge Gregory Carro ruled that prosecutors had failed to show Mangione's alleged killing met the legal threshold for murder "in furtherance of an act of terrorism." In a written decision, Carro said, "While the defendant was clearly expressing an animus toward UHC, and the health care industry generally, it does not follow that his goal was to 'intimidate and coerce a civilian population,' and indeed, there was no evidence presented of such a goal."
The decision is a significant setback for the Manhattan District Attorney's Office, which had sought to treat the December 2024 Midtown Manhattan shooting as an ideologically motivated act of terror. The office said in a statement it "respects the Court's decision and will proceed on the remaining nine counts, including Murder in the Second Degree."
Mangione still faces multiple weapons charges, including two counts of criminal possession of a weapon in the second degree, four counts in the third degree, and one count of possessing a forged instrument. He has pleaded not guilty to all state and federal charges.
Federal prosecutors have charged Mangione with murder through the use of a firearm, stalking, and firearms offenses - charges that could make him eligible for the death penalty if convicted. His lawyers have argued that facing simultaneous prosecutions in state and federal court is "untenable" and have asked Carro to dismiss or at least pause the state case.
Carro rejected a separate defense motion to dismiss the indictment on double jeopardy grounds, citing U.S. Supreme Court precedent that permits prosecution by "two sovereigns." He set a hearing for Dec. 1 on the defense's request to suppress evidence, including writings and a 9 mm handgun recovered from Mangione's backpack when he was arrested at a McDonald's in Altoona, Pa.
Investigators have said the backpack contained a diary in which Mangione allegedly wrote, "The target is insurance. It checks every box." Defense attorneys argue the search was unlawful and that police leaks of his writings and bullets marked with words such as "delay" and "deny" unfairly fueled the terrorism narrative.
Three rows of Mangione supporters attended the Manhattan hearing, some wearing green clothing and carrying signs. Outside the courthouse, demonstrators gathered, including a woman wearing a shirt patterned with Nintendo's Luigi character, signaling the grassroots support that has raised more than $1.2 million for his legal defense online.
Mangione is due to appear in a Pennsylvania court Nov. 7 on separate forgery and false ID charges. Federal prosecutors have not yet announced when their case will go to trial.