The judge has thrown out the murder charge against the 27-year-old that could have led to a death penalty sentence in his federal case. This decision hinges on the requirement that the murder must occur during another “crime of violence.”

Prosecutors had accused the defendant of committing other violent acts, specifically two stalking charges. They claimed that Mangione stalked Thompson online and crossed state borders to execute the killing.

However, the judge did not agree, ruling that the stalking charges did not constitute “crimes of violence.” As a result, two counts in Mangione’s federal case, including the murder charge and a related firearm offense, were dismissed.

Judge Margaret Garnett noted in her decision, “The analysis contained in the balance of this Opinion may strike the average person — and indeed many lawyers and judges — as tortured and strange, and the result may seem contrary to our intuitions about the criminal law.”

She emphasized, “But it represents the Court’s committed effort to faithfully apply the dictates of the Supreme Court to the charges in this case.”

This ruling is a significant victory for Mangione and his legal team, who had been actively seeking to avoid a death penalty sentence. It is also likely to energize his supporters, who view him as a symbol of their frustration with the American healthcare system.

In court Friday, an assistant US attorney indicated he did not yet know whether the Justice Department would appeal the judge’s ruling on the death penalty. Judge Garnett asked for an update by February 27.

Garnett denied as moot the defence’s other motions regarding the death penalty. She said the only motion that may still be relevant in a non-capital case is regarding pre-trial publicity. She suggested the defence “table that for now” until prosecutors make a decision on appealing, and then they can renew that motion with a new brief at a later time.

The murder charge was the only count in any of the cases brought against Mangione that could have carried a possible death sentence. He will still face two counts of stalking in the federal case. If convicted, those counts have a maximum sentence of life in prison without parole.

Mangione also faces a second-degree murder count and other charges in a separate case in New York state, where the death penalty is unconstitutional. If convicted of the highest charges in the state case, Mangione could face a sentence of 25 years to life.

Mangione also faces counts related to his arrest in a state case in Pennsylvania that are not death penalty eligible. He has pleaded not guilty to all the charges.

US Attorney General Pam Bondi announced she had directed the Justice Department to pursue the death penalty in April 2025, calling the killing “a premeditated, cold-blooded assassination that shocked America.”

Judge Margaret Garnett also ruled on Friday to allow into Mangione’s trial evidence recovered from his backpack at the time of his arrest.

Law enforcement seized several items from Mangione’s backpack, including a handgun, a loaded magazine and a red notebook – key pieces of evidence that authorities have said tie him to the killing.

The recovered gun is consistent with the firearm used to kill Thompson, federal authorities said in court filings. Some of the handwritten entries in the notebook “express hostility towards the health insurance industry and wealthy executives in particular,” they wrote.

Mangione’s attorneys had argued for the evidence to be barred from trial, contending the search of their client’s backpack was illegal because they had not yet obtained a warrant and there was no immediate threat to justify a warrantless search.

Federal prosecutors have argued in court filings that officials had a right to go through Mangione’s possessions as part of routine arrest procedures and to search for any weapons that could be a safety threat.

Prosecutors have also said the evidence should be permitted since it would have inevitably been discovered legally during the course of the investigation.

Jury selection for the federal trial is scheduled to begin on September 8, with opening statements starting on October 13.

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