Judge Dismisses Terrorism Charge in NY Health CEO Case

NY Health CEO's Terrorism Charge Dropped by Judge

Mangione’s attorneys contended that being charged both in New York and federally under the death penalty constituted double jeopardy. However, the judge disagreed with this assertion.

NEW YORK — On Tuesday, a New York judge dismissed terrorism charges against Luigi Mangione, disagreeing with the Manhattan district attorney’s theory that the murder of UnitedHealthcare CEO Brian Thompson was designed to instill terror.

Judge Gregory Carro allowed other charges to stand, including second-degree murder, which requires proof of Mangione’s intent to kill Thompson, but not that it was an act of terrorism.

The decision removed the most serious charges from Mangione’s state case, avoiding the prospect of a mandatory life sentence without parole. The 27-year-old Ivy League alum is also under a separate federal death penalty case. Judge Carro mentioned that the defense’s claim of double jeopardy was not yet ripe for consideration.

Mangione, a notable figure for critics of the health insurance sector, seemed upbeat and acknowledged his supporters as he was escorted from the brief hearing after the ruling was made.

In his written decision, Judge Carro noted that while Thompson’s killing was clearly no routine crime, New York state law doesn’t classify actions as terrorism merely because they are ideologically driven.

“While the defendant was clearly expressing an animus toward UHC, and the health care industry generally, it does not follow that his goal was to ‘intimidate and coerce a civilian population,’ and indeed, there was no evidence presented of such a goal,” Carro wrote.

The judge also said there was insufficient evidence that Mangione intended to influence or affect government policy by intimidation or coercion — another element of the terrorism charges. He noted that federal prosecutors hadn’t charged Mangione with terrorism offenses even though the federal terrorism statute was a model for the state law.

But in keeping the second-degree murder charge, Carro ruled there was sufficient evidence that Mangione “murdered Brian Thompson in a premeditated and calculated execution.” That charge carries a potential penalty of 15 years to life in prison, with the possibility of parole.

Afterward, Mangione lawyer Marc Agnifilo told TMZ: “It’s a big win and it’s the first of many.”

Manhattan District Attorney Alvin Bragg’s office issued a brief statement, saying, “We respect the Court’s decision and will proceed on the remaining nine counts.”

Carro scheduled pretrial hearings in the state case for Dec. 1, just days before Mangione is next due in court in his federal case.

Mangione handcuffed and shackled for court appearance

Mangione, who has been locked up since his arrest, arrived in court in beige jail garb, handcuffs and ankle shackles. Making his first appearance in Carro’s courtroom since February, he was mostly silent, quietly conferring with his lawyers as the judge outlined his decision.

Echoing the scene at his last hearing, a few dozen supporters — mostly women — packed three rows in the rear of the courtroom gallery. Some were dressed in green, the color worn by the Mario Bros. video game character Luigi. One woman sported a “FREE LUIGI” T-shirt. Across the street from the courthouse, cheers erupted from a pro-Mangione rally as news spread that the judge had dismissed his terrorism charges.

Mangione pleaded not guilty late last year to multiple counts of murder, including murder as an act of terrorism. Surveillance video showed a masked gunman shoot Thompson from behind on Dec. 4, 2024, as the executive arrived at a midtown Manhattan hotel for his company’s annual investor conference. Police say the words “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 in Altoona, Pennsylvania, about 230 miles (370 kilometers) west of New York City.

Judge rejects ‘double jeopardy’ argument

Mangione’s lawyers have argued that the simultaneous state and federal prosecutions violate double jeopardy protections meant to prevent people from being tried multiple times for the same crime. But Carro rejected that argument, saying it would be premature to make such a determination because neither case has gone to trial.

Bragg’s office contended that there are no double jeopardy issues, in part because the state and federal prosecutions involve different legal theories. The federal charges allege that Mangione stalked Thompson and do not involve terrorism allegations.

Mangione’s lawyers said the two cases have created a “legal quagmire” that makes it “legally and logistically impossible to defend against them simultaneously.”

Diary writings had been a basis for the terrorism charges

U.S. Attorney General Pam Bondi in April said she was directing federal prosecutors to seek the death penalty against Mangione for “an act of political violence” and a “premeditated, cold-blooded assassination that shocked America.”

Bragg’s office quoted extensively from Mangione’s handwritten diary as they sought to uphold the terrorism charges. In a June court filing, they highlighted his desire to kill an insurance honcho and his praise for the late Theodore Kaczynski, the convicted murderer known as the “Unabomber.”

In the writings, prosecutors said, Mangione mused about rebelling against “the deadly, greed fueled health insurance cartel” and said killing an industry executive “conveys a greedy bastard that had it coming.” They also cited a confession they say he penned “To the feds,” in which he wrote “it had to be done.”

Mangione’s “intentions were obvious from his acts, but his writings serve to make those intentions explicit,” prosecutors said. The writings, which they sometimes described as a manifesto, “convey one clear message: that the murder of Brian Thompson was intended to bring about revolutionary change to the healthcare industry.”

Carro noted in his ruling that terrorism “has been famously difficult to define.” He knocked prosecutors for emphasizing Mangione’s use of the phrase “revolutionary anarchism” in their attempt to bolster their claim that he intended to influence government by intimidation or coercion.

“Not only does this stretch the import of a two-word phrase beyond what it can carry, but it ignores other, more explicit excerpts from defendant’s writings in which he states that his goal is to spread a ‘message’ and ‘win public support’ about ‘everything wrong with our health system,’” the judge wrote.

Collins reported from Hartford, Connecticut.

Copyright 2025 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.     

You May Also Like

Dem-appointed California judge refuses to stop using N-word in court, despite black lawyers' pleas

California Judge Defies Black Lawyers on N-Word in Court

A San Francisco judge appointed by a Democratic governor is facing renewed…
Dramatic video shows Alaska teen rescued after 62 hours on overturned boat as brother, cousin died

Alaska Teen Rescued After 62 Hours on Overturned Boat; Brother and Cousin Died

A 15-year-old boy from Alaska endured more than 48 hours stranded on…
Saudi Arabia tells Trump now is the time for military action as Iran-backed Houthis advance

Saudi Arabia Urges Trump to Strike as Houthis Advance

Houthi rebels reportedly seize strategic Yemeni port as trade concerns mount Fox…
Rudy Giuliani reveals what he told Mamdani during awkward handshake — and even offered surprising praise

Rudy Giuliani Reveals What He Told Zohran Mamdani in Awkward Handshake, Offers Unexpected Praise

Rudy Giuliani told The Post on Friday that he chose to shake…
Arizona mom fights off coyote attacking her daughter with a flip-flop

Arizona Mom Saves Daughter From Coyote Attack With Flip-Flop

A mother and daughter in Surprise, Arizona, survived a frightening coyote attack…
Luigi Mangione argues double jeopardy in bid to drop murder case, suppress evidence

NYC Council Bill Would Strip Press Passes From Mangionistas

The New York City Council is weighing legislation that would make it…
America built a fortress after 9/11. Then the threat started hiding in plain sight

How America’s 9/11 Fortress Missed Threats in Plain Sight

On Sept. 11, 2001, Javed Ali was making his regular morning drive…
Great white family tree takes shape after DNA reveals 2 OCEARCH tagged sharks are siblings

Great White Shark Family Tree Emerges as DNA Confirms Two OCEARCH-Tagged Sharks Are Siblings

A groundbreaking genomic study of white sharks in the Western North Atlantic—believed…
'Today' suspect caught on camera before hate crime arrest, rap sheet reveals attempted kidnapping conviction

NBC Tightens Security at Today Studio After Nancy Guthrie Kidnapping and Intruder Incident

Alleged new ransom notes released in Nancy Guthrie investigation The case surrounding…
Frankfort, Illinois news: Residents gather at community vigil to honor 6-year-old Jenna Menias; Barrett Walsh also mourned

Frankfort Community Vigil Honors 6-Year-Old Jenna Menias as Residents Mourn Barrett Walsh

FRANKFORT, Ill. () — Hundreds of people came together Friday evening for…
Kamala Harris claims GOP 'cheating' ahead of midterms, says she's focused on stopping the 'madness'

Kamala Harris Accuses GOP of Cheating Ahead of Midterms

Former Vice President Kamala Harris said Thursday that Republicans are “cheating” on…
See how your income tax bracket could change for 2027

2027 Tax Brackets: See How Your Take-Home Pay Could Change

Americans may be able to earn more before moving into higher federal…