New York judge tosses terrorism charges against alleged CEO killer Luigi Mangione, lets murder count stand

A Manhattan judge dismissed on Tuesday two state counts of murder involving terrorism against Luigi Mangione, the Maryland man charged with fatally shooting a UnitedHealthcare executive last December allegedly in protest of the company’s health insurance policies.

"There was no evidence presented of a desire to terrorize the public, inspire widespread fear, engage in a broader campaign of violence, or to conspire with organized terrorist groups," New York Supreme Court Justice Gregory Carro wrote in his decision, ruling the charges were "legally insufficient."

The judge, however, decided that the other counts — second-degree murder, weapons charges and possession of fake identification — would remain. Mangione has pleaded not guilty to the state and federal charges.

Prosecutors charge that Mangione, a University of Pennsylvania graduate, plotted to kill CEO Brian Thompson in Manhattan during an investor conference on Dec. 4 to send a political message to the health insurer.

Mangione also faces murder, weapons and fake ID charges in Manhattan federal court. Attorney General Pamela Bondi promised the government would seek the death penalty if he’s convicted.

Top Manhattan prosecutor Joel Seidmann argued that Thompson’s murder and the social media celebrity surrounding Mangione after his arrest set off a wave of threats to UnitedHealthcare and other health insurance executives, which supports the terrorism charges.

"You know what that means. That means that the killing of Brian Thompson was just a start," a person calling into a UnitedHealthcare call center told an operator, according to Seidmann’s brief.

Defense attorney Karen Friedman Agnifilo asked the judge in May to drop the state charges, arguing that the acts did not meet the definition of terrorism because the violence was targeted, not indiscriminate and the intent, laid out in a notebook found on Mangione at his arrest, wasn’t to intimidate.

The judge leaned heavily on findings in the federal case to support his decision.

"As the federal authorities noted, the defendant's goal appeared to be to draw the public's attention to what he perceived to be problems with the healthcare industry," the judge wrote, saying that prosecutors overemphasized the phrase "revolutionary anarchism" found in Mangione’s writings.

"Not only does this stretch the import of a two-word phrase beyond what it can carry, but it ignores other, more explicit excerpts from defendant's writings in which he states that his goal is to spread a "message" and "win public support" about "everything wrong with our health system," Carro said in his decision.

Friedman Agnifilo also asked that the charges be dismissed because of the parallel prosecution of federal charges that she argued amounted to double jeopardy — being charged twice for the same crime. The lawyer said that the dual trials would strain Mangione’s ability to put on a defense.

"This court is not persuaded that proceeding to trial in the state case first will cause the defendant severe prejudice, and the defendant's claim that any state trial testimony will prejudice his federal trial is merely speculative," the judge ruled.

He called the motion to dismiss the case "premature."

The Manhattan district attorney's spokeswoman said the office will prosecute the remaining charges.

"We respect the Court’s decision and will proceed on the remaining nine counts, including Murder in the Second Degree," district attorney spokeswoman Danielle Filson said.

The top charge of second-degree murder carries a prison sentence of 25 years to life.

Carro also ordered several hearings, beginning in December, to determine what evidence can be entered during the trial. Mangione has pleaded not guilty to the charges.

After a weeklong manhunt, Altoona, Pennsylvania, police arrested Mangione in a McDonald’s. He was carrying a fake New Jersey driver’s license, a 9 mm handgun, silencer and ammunition in his backpack, according to authorities. He also had a notebook with a letter to federal investigators in which he seemed to be confessing to the crime.

Mangione has also been charged in Pennsylvania on weapons and fake ID charges. His lawyer in Pennsylvania and Friedman Agnifilo have argued that police unlawfully searched him in the fast food restaurant and a jury should not be allowed to know the contents of his bag.

Carro set a Dec. 1 date for his return to start hearing arguments over the evidence.

During the short hearing on Tuesday, Mangione was led into the courtroom in handcuffs, wearing a tan prison uniform.

In the back of the courtroom were about two dozen supporters, who have come regularly to his court appearances.

Since Mangione’s arrest, there has been a wave of politically motivated assassinations in the country, including the most recent fatal shooting of political activist Charlie Kirk.

Federal prosecutors in a recent brief blamed Mangione for starting the violent trend.

"Simply put, the defendant hoped to normalize the use of violence to achieve ideological or political objectives," they said. "Since the murder, certain quarters of the public — who openly identify as acolytes of the defendant — have increasingly begun to view violence as an acceptable, or even necessary, substitute for reasoned political disagreement."