Judge dismisses murder as crime of terrorism charge against Mangione in UnitedHealthcare CEO killing
UnitedHealthcare CEO accused gunman Luigi Mangione is due in court as his lawyers push for the state charges to be dismissed.
NEW YORK (WABC) -- Luigi Mangione returned to court in Lower Manhattan on Tuesday morning where the judge tossed out two counts of murder as a crime of terrorism.
Judge Gregory Carro said the evidence presented to the grand jury was insufficient to support the charge.
While the terrorism charge was dismissed, Mangione still faces a second-degree murder charge - which carries the possibility of life in prison -- in connection with the fatal shooting of United Healthcare CEO Brian Thompson.
"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," Carro's opinion said.
Following a brief sidebar, both sides agreed hearings in the case will begin on Dec. 1.
Mangione came and went from court via the center aisle, casting a quick glance at three rows of supporters and showing little emotion.
He wore shackles and beige jail garb over a brown tee shirt and his hair appeared freshly cut.
He did not speak during the brief hearing that lasted about 10 minutes.
Mangione is facing both state and federal charges in the shooting death of the United Healthcare CEO.
His attorneys wanted the state charges dropped, saying the New York case and the federal death penalty prosecution amount to double jeopardy.
They also wanted prosecutors barred from using evidence collected during Mangione's arrest last December, including a 9mm handgun and notebook in which authorities say he described his intent to "wack" an insurance executive.
Prosecutors wanted the judge to force the 27-year-old's attorneys to state whether they'll pursue an insanity defense, or introduce psychiatric evidence of any mental disease or defect he may have.
The Ivy League graduate has attracted a cult following as a stand-in for frustrations with the health insurance industry. Outside the courthouse ahead of the hearing was a long line of many trying to get inside of the courtroom.
His supporters showed up with signs, props and cardboard cutouts, calling for a fair trial and to bring to light what they say is a broken healthcare system that puts profits over people.
There was a heightened alert ahead of the court hearing and a new law enforcement assessment prepared by the NYPD Counter-Terrorism unit warned of calls for further violence
Mangione has raised more than $1.2 million in an online fundraiser since his arrest, where donations are as small as $5.
He has pleaded not guilty to multiple counts of murder in the Dec. 4, 2024, killing. Surveillance video showed a masked gunman shooting Thompson from behind as he arrived for an investor conference at the New York Hilton Midtown. Police say "delay," "deny" and "depose" were scrawled on the ammunition, mimicking a phrase commonly used to describe how insurers avoid paying claims.
Mangione was arrested five days later after he was spotted eating breakfast at a McDonald's in Altoona, Pennsylvania, about 230 miles west of New York City and whisked to Manhattan by plane and helicopter. Since then, he has been held at the same Brooklyn federal jail where Sean "Diddy" Combs is locked up.
He still faces federal charges that make him eligible for the death penalty. The federal charges allege that Mangione stalked Thompson and do not involve terror allegations.
Michael Bachner, a former prosecutor in the Manhattan District Attorney's Office says the judge's decision to drop the terrorism charges against Mangione takes away leverage from the state in plea negotiations, but it doesn't change the defense team's approach.
He said he expects an insanity defense.
"Or it's going to be something called extreme emotional disturbance defense where, I'm not insane, in a legal sense, but I was under some type of extreme emotional disturbance that prevented me from creating the intent necessary to commit an intentional murder," Bachner said.
The Manhattan District Attorney's Office released the following statement after the court hearing:
"We respect the Court's decision and will proceed on the remaining nine counts, including Murder in the Second Degree."
(Some information from ABC News and the Associated Press)
----------
* Get Eyewitness News Delivered
* Download the abc7NY app for breaking news alerts
Submit a tip or story idea to Eyewitness News
Have a breaking news tip or an idea for a story we should cover? Send it to Eyewitness News using the form below. If attaching a video or photo, terms of use apply.
