A New York state judge has thrown out two terrorism charges against Luigi Mangione, the man accused of killing UnitedHealthcare CEO Brian Thompson, but allowed a second-degree murder charge to move forward.
Judge Gregory Carro issued the ruling during a hearing on Tuesday morning, saying prosecutors had not shown enough evidence to support the terrorism counts. Mangione is accused of fatally shooting Thompson on a busy Manhattan street in December last year.
In a written decision, Carro said the case did not meet the state’s legal definition of terrorism.
Prosecutors had argued that writings left behind by Mangione pointed to a terrorist motive, but the judge said they failed to establish that the suspect sought to pressure the government or intimidate the public.
Those elements, he noted, are central to New York’s terrorism law, which was enacted after the September 11, 2001 attacks.
“There was no evidence presented that the 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 in his ruling.
The dismissed charge of first-degree murder could have carried life without parole. The remaining second-degree murder charge carries a potential sentence of 15 to 25 years if Mangione is convicted.
He also faces additional charges of weapons possession and forgery.
In addition to the state case, Mangione is also facing federal murder charges, which could result in the death penalty.
Carro rejected defence requests to delay the state trial until the federal case is resolved, ruling instead that jury selection would begin on December 1. Mangione has pleaded not guilty to all charges.
Thompson, a father of two, led UnitedHealth Group’s insurance division, the largest health insurer in the United States. He had been in New York City for a meeting when he was shot three times around 6:45am on December 4.
After a five-day manhunt, Mangione was arrested roughly 300 miles (480 km) away at a McDonald’s in Altoona, Pennsylvania. Investigators said he had left behind a note accusing healthcare companies of “corruption and greed.”
Outside the Manhattan Supreme Court on Tuesday, a small group of Mangione’s supporters gathered, holding placards with slogans including “Free Luigi” and “Innocent until proven guilty.”
