A New York judge on Tuesday dismissed two terrorism charges against Luigi Mangione in the state prosecution of the killing of UnitedHealthcare CEO Brian Thompson, but left nine other counts in place, including a charge of second-degree murder.
Judge Gregory Carro found the two terrorism counts legally insufficient during Mangione’s first court appearance in New York in five months, while allowing the remainder of the indictment to proceed. Mangione, who has pleaded not guilty, is simultaneously facing a federal murder case and multiple charges in Pennsylvania stemming from his December detention at a McDonald’s in Altoona, Pennsylvania.
The defendant was led into the Manhattan courtroom in a khaki jumpsuit and shackles and was held without bail at a federal facility in Brooklyn. Dozens of supporters, many young women wearing green or shirts expressing solidarity with Mangione, waited in long lines for the chance to see the hearing in person. The next state hearing was scheduled for Dec. 1; Mangione’s next federal hearing is set for Dec. 5.
Mangione’s defense asked the state court to stay the proceedings so the federal trial could be resolved first; prosecutors, however, have indicated the federal case could carry the death penalty. Carro denied the defense request, and rejected an argument that charging Mangione in both state and federal courts for the same killing was unconstitutional, saying it was too soon to determine whether the two prosecutions might amount to double jeopardy.
Manhattan District Attorney Alvin Bragg’s office has maintained that state and federal cases can coexist because they rest on different legal theories. Federal prosecutors have also asserted in court filings that Mangione sought to "normalize the use of violence to achieve ideological or political objectives," and have drawn parallels between the Thompson killing and other recent targeted attacks. Those filings preceded a separate, widely reported killing of a public figure in Utah.
Neama Rahmani, a former federal prosecutor and current president of West Coast Trial Lawyers, said a state conviction could complicate Mangione’s ability to defend against a subsequent capital prosecution. "The primary job of Mangione’s legal team is to keep their client alive," Rahmani said.
Prosecutors allege Mangione planned and executed the killing to make a statement about perceived flaws in the American health care system. Security camera footage cited by investigators shows a masked figure appearing behind Thompson and firing several times outside a Midtown Manhattan hotel at daybreak; the shooter then fled on a bicycle. Police said the shooter’s firearm appeared to malfunction at times, and that the assailant took a route through Central Park and out of the city.
Authorities say evidence recovered from Mangione when he was detained at the McDonald’s included a firearm resembling the weapon in the footage, a fake ID tied to a Manhattan hostel used shortly before the shooting, and a notebook containing writings that prosecutors say referenced the act. Mangione’s attorneys have challenged aspects of the arrest, including whether he was properly informed of his rights, and contend prosecutors improperly obtained some of his medical records in violation of federal health information protections.
Supporters who waited hours to enter the courtroom said they shared Mangione’s critiques of for-profit health care. Some attendees described him as emblematic of broader frustrations among younger Americans over health care access and corporate influence. Others said seeing Mangione in person underscored the seriousness of the proceedings.
Court filings and public statements from prosecutors have highlighted a broader law enforcement concern about a recent wave of targeted killings and violent attacks in multiple states. Federal authorities have suggested the Manhattan killing could be part of a pattern of individuals using violence to address personal grievances or ideological complaints about institutions.
Defense lawyers in New York have signaled plans to attack the prosecution’s evidence and the legality of how certain materials were obtained, including medical records tied to Mangione’s history of back surgery. The defense has argued that resolving the federal case first would permit a more coherent defense strategy given the higher potential penalty in that forum.
The state judge’s decision to dismiss two terrorism counts narrows the legal theory prosecutors may pursue in Manhattan, but leaves intact most of the charges that would be presented to a jury if the case goes to trial. Both sides are continuing to prepare for upcoming hearings and pretrial filings as parallel proceedings advance in state and federal courts.
The case remains under active investigation by multiple jurisdictions, and court officials said additional scheduling and pretrial decisions are likely as the various prosecutions proceed.