A judge has dismissed the two top state charges of terrorism relating to first-degree murder and second-degree murder against Luigi Mamgione, He however still faces an additional second-degree murder charge, as well as a federal murder charge, in the killing of United HealthCare executive Brian Thompson last December.
In dismissing the charges, the judge overseeing Mangione’s state criminal case, Gregory Carro, said “the evidence put forth was legally insufficient” for the two terrorism-related charges. Mangione also faces federal charges for allegedly gunning down Thompson outside a hotel and weapons possession counts.
“Counts one and two, charging [the] defendant with murder in the first degree (in furtherance of an act of terrorism) and murder in the second degree as a crime of terrorism, are dismissed as legally insufficient.
“The people presented legally sufficient evidence of all other counts, including murder in the second degree (intentional).” Judge Carro wrote while presiding over a Manhattan court.
Luigi Mangione Defense
Mangione’s defense had also argued his case should be dismissed because of double jeopardy, being prosecuted twice for the same crime because he was chaLuigi Mangione Trialrged with murder in state and federal court.
The judge however rejected that argument, pointing to a supreme court decision stipulating that state and federal government are “two sovereigns”, and “where there are two sovereigns, there are two laws, and two offenses”.
Carro also rejected the defense’s bid to put Mangione’s state case on hold so he can face his federal trial first. Mangione’s team has argued that testifying in the state case could harm his defense in the federal death penalty trial, and claimed the timing could violate his right against self-incrimination.
The sentence for second-degree murder in New York ranges from 25 years to life imprisonment. Mangione is scheduled to return to state court on 1 December to stand trial for the federal murder charge.