New York judge dismisses terrorism, first-degree murder charges against Luigi Mangione

MANHATTAN (CN) — A New York judge on Tuesday dismissed terrorism charges against Luigi Mangione, finding the evidence to support them “legally insufficient.”

New York Supreme Court Justice Gregory Carro ruled that the other charges, which include second-degree murder, will stick.

Mangione, 27, is charged with murdering UnitedHealthcare CEO Brian Thomspon in December — a caught-on-camera shooting that took the nation by storm and ignited broad debate about the morality of for-profit health care.

The dropped counts include one of first-degree murder and one of second-degree murder, which prosecutors claimed were committed as an act of terror “with intent to intimidate or coerce a civilian population.” They pointed to writings in a journal they purport to be Mangione’s that emphasized the wish to spread a “message” about “everything wrong with our health system.”

But in a 12-page ruling, Carro found that the counts didn’t meet the mark for New York’s terrorism statute, which was enacted after the Sept. 11, 2001, attacks on the World Trade Center in Manhattan.

“There was no evidence presented that defendant made any demands of government or sought any particular governmental policy change, let alone that he did so by intimidation or coercion,” Carro wrote.

The judge pointed to words from the journal, which condemned the actions of “Unabomber” Ted Kaczynski because he “indiscriminately mail bomb[ed] innocents” and “crossed[ed] the line … to a terrorist, the worst thing a person can be.”

Carro wrote, “The people presented sufficient evidence that the defendant murdered Brian Thompson in a premeditated and calculated execution. That does not mean, however, that the defendant did so with terroristic intent.”

He also noted that Mangione does not face federal terrorism charges in connection with Thompson’s murder.

“Notably, the federal authorities, while recognizing that Brian Thompson was ‘gunned down in cold blood,’ did not charge the defendant with crimes of terror, but with using a firearm to commit murder and related crimes, even though the federal terrorism statute served as a model for the state statute,” Carro wrote.

It’s a blow, albeit not a decisive one, to the Manhattan district attorney’s case. But while the top charges have now been dropped, prosecutors can still pursue a second-degree murder charge, which carries an indeterminate sentence of 25 years to life.

And Mangione still faces the death penalty in federal court, where he is being prosecuted for the same shooting.

“We respect the court’s decision and will proceed on the remaining nine counts, including murder in the second degree,” a spokesperson for the district attorney said in a statement.

Carro’s written order came after a brief court hearing on Tuesday, where Mangione appeared dressed in tan prison garb, bound by shackles at the hands and feet. About two dozen of his supporters made it into the Manhattan criminal courtroom, which was filled with journalists and police officers.

Mangione’s lawyer Karen Agnifilo didn’t take questions from reporters. She left the courthouse to a wave of applause from dozens of demonstrators outside, many of whom wielded signs in support of her client.

Carro made several other rulings from the bench. He denied a defense motion to dismiss the case for double jeopardy, calling the effort “premature.” He also denied the bid to delay the trial so they can focus on the federal case; the cases are set to run concurrently.

The judge responded to Mangione’s claim that prosecutors fudged a subpoena to get health records from Aetna, his insurance company, which sent over more materials than were requested.

“I’m making no judgments about the legality of the subpoena,” Carro said Tuesday, but added that prosecutors are barred from using Mangione’s health information from the broad response.

Neither case has a trial date. Pretrial hearings in the state case are scheduled to start Dec. 1.

Mangione may also appear in a Pennsylvania court on Nov. 7, where he faces gun charges stemming from his arrest at an Altoona McDonald’s five days after the shooting. At that hearing, he’ll contend that his arrest was unconstitutional in an effort to dismiss the charges and deem evidence inadmissible.

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