The judge overseeing the case against Mr. Mangione said the evidence underpinning two of the most serious counts, one of which charged him with first-degree murder, was “legally insufficient.”
Luigi Mangione, at Manhattan Supreme Court on Tuesday, is accused of killing UnitedHealthcare’s chief executive last year. He still faces a second-degree murder charge.Credit...Jefferson Siegel for The New York Times
State terrorism charges against Luigi Mangione, the defendant in the fatal shooting of UnitedHealthcare’s chief executive last year, were dismissed on Tuesday, including a first-degree murder count that could have landed him in prison for the rest of his life.
The judge overseeing the case, Gregory Carro, said he had found the evidence behind the charges “legally insufficient.” Mr. Mangione, 27, is still charged with second-degree murder and that case is expected to proceed, though no trial date has been set.
The decision by Justice Carro is a blow to the Manhattan district attorney’s office, led by Alvin L. Bragg. Mr. Bragg had argued that a terrorism charge was warranted because Mr. Mangione had targeted the chief executive, Brian Thompson, in the media capital of the world, Midtown Manhattan, at the beginning of a busy morning, hoping to create a spectacle that would help further his message.
Mr. Bragg described the act as “a frightening, well-planned, targeted murder that was intended to cause shock and attention and intimidation.”New York law requires that prosecutors who charge a defendant with terrorism show that the person attempted to intimidate a civilian population, or influence government policy or conduct. Judge Carro said that prosecutors had failed to show that Mr. Mangione sought to do either of those things.
In a statement, a spokeswoman for Mr. Bragg’s office, Danielle Filson, said, “We respect the Court’s decision and will proceed on the remaining nine counts, including Murder in the Second Degree.”
The shooting of Mr. Thompson in December was one of a flurry of high-profile killings and attempted killings that have swept through American public life. President Trump faced two attempts on his life during last year’s campaign, and a Democratic state legislator from Minnesota, Melissa Hortman, and her husband were killed in their home in June.
And the judge’s decision to drop some of the charges against Mr. Mangione landed amid the tense national conversation that has followed last week’s fatal shooting of Charlie Kirk, a prominent conservative activist, and increasing upset about lone gunmen, apparently radicalized on the internet and willing to carry out political violence in accordance with their views.Mr. Mangione, 27, with his many supporters and immediate internet fame, quickly became a symbol of that vigilante mentality even as he pleaded not guilty, and prosecutors appeared to acknowledge that aspect of his alleged conduct when they sought the terrorism charge.
After Mr. Thompson’s killing, a manhunt stretched across states and Mr. Mangione’s arrest caught the rapt attention of the nation. His case galvanized anger at America’s largely private health care system, and his appearances in court have attracted hundreds of supporters, some lining the hallways and others protesting outside.
He has been inundated with correspondence in the federal jail in Brooklyn where he is being held, and his lawyers have created a website to provide information about his case. An online fund-raising page set up to benefit his legal defense listed donations totaling about $1.5 million as of Tuesday.
Mr. Mangione is facing prosecution in two states and in three courts. In addition to the Manhattan state charges, he is also charged in federal court, including an accusation for which prosecutors have said they plan to seek the death penalty. He also faces charges in Pennsylvania, where he was caught.While some states define first-degree murder as a premeditated killing, New York requires an additional aggravating circumstance, one of which is terrorism. Others include torture and killing a witness or law officer.
Prosecutors had also charged Mr. Mangione with a second-degree murder in furtherance of terrorism, one of the counts that was dropped, and another count of second-degree murder. He faces weapons charges as well.
If Mr. Mangione had been convicted on the highest state charges, he would have faced a sentence of life in prison without parole.