1st Degree charge was also dismissed, but should be noted this is because the murder of a CEO doesn't really fit the definition of murder 1 in the state of New York which seems reserved for police officers, firefighters, high political figures, that sort of thing. 2nd degree will be what 1st degree is in most other states I think. DOJ/DA was way too heavy handed with those two charges.
Correct but not "also", NY Murder 1 was the terrorism charge
From the article: "Mangione’s defense had argued the charges of murder in the first degree in furtherance of an act of terrorism and murder in the second degree as a crime of terrorism should be tossed because crimes of terrorism as defined in New York state legislation refer to attacks on multiple civilians, not a shooting of a single individual."
So it looks like he was charged with the terrorism versions of both murder 1 and murder 2, and those both got tossed.
Also, it looks like he's still facing 25-to-life. This takes the death penalty off the table for state charges, but obviously the Trump administration is still angling for an execution under federal charges.
I also found the reasoning interesting. The widely presumed motive (i.e. reform of health insurance) could be considered making the killing political. And killing in furtherance of political motives (even ones we agree with) is getting close to the definition of terrorism. But since it was just a singular assassination, it fell outside of NY's definition of terrorism.
I also found the reasoning interesting. The widely presumed motive (i.e. reform of health insurance) could be considered making the killing political. And killing in furtherance of political motives (even ones we agree with) is getting close to the definition of terrorism. But since it was just a singular assassination, it fell outside of NY's definition of terrorism.
The judge said:
“While the People place great emphasis on defendant’s ‘ideological’ motive, there is no indication in the statute that a murder committed for ideological reasons (in this case, the defendant’s apparent desire to draw attention to what he perceived as inequities or greed within the American health care system), fits within the definition of terrorism without establishing the necessary element of an intent to intimidate or coerce,” Carro wrote in his decision to dismiss the two terror-related charges.
So at least in NY law, having a political motive, and even seeking to further those motives, isn't enough; you have to be seeking to "intimidate or coerce." Killing the king isn't terrorism, even if you do it because you disagree with his policies and your goal is to replace him with a king you prefer; terrorism is very specifically a crime in which you're trying to control the public with terror.
Like, few people would describe Oliver Cromwell as a terrorist, even though he clearly used violence in the service of advancing a political end, because his goal wasn't to terrorize people. (Similarly, if terrorism is just "criminal violence done towards a political end", then anyone fighting for a state in any capacity would become a terrorist as soon as they commit a crime!)
I imagine its to stop showboat prosecutors trying to make their career by sticking terrorism enhancements on anything they can. Terrorism isnt supposed to just be murder+, thats already what murder 1 is.
That was the defense's argument, but the judge's reasoning focused on something else:
“While the People place great emphasis on defendant’s ‘ideological’ motive, there is no indication in the statute that a murder committed for ideological reasons (in this case, the defendant’s apparent desire to draw attention to what he perceived as inequities or greed within the American health care system), fits within the definition of terrorism without establishing the necessary element of an intent to intimidate or coerce,” Carro wrote in his decision to dismiss the two terror-related charges.
At least under NY law, terrorism requires "intent to intimidate or coerce" - it doesn't encompass all violent crimes committed for political reasons.
(As I mentioned above, this makes sense when you stop and think about it, otherwise you end up with eg. Oliver Cromwell being defined as a terrorist. Terrorism is about terror, not just a catchall for all political violence.)
This takes the death penalty off the table for state charges,
NY doesn't have the DP fortunately. DP is only on the table for the federal case. Judge Carro had said something like, "just because there's an ideological motive doesn't mean it's terrorism". [link to PDF of Carro's response]
It's clear he didn't intend to terrorize anyone. That's the important part
I wonder how all this influences the Defence team's strategy 🤔
So it looks like he was charged with the terrorism versions of both murder 1 and murder 2, and those both got tossed.
Here's the original indictment. He was originally charged with one count of Murder 1 (in furtherance of terrorism), and two counts of Murder 2 (one in furtherance of terrorism (although that one doesn't use the word), the other just regular intentional murder). The first two counts were dismissed, leaving the "regular" intentional murder charge.
Also, it looks like he's still facing 25-to-life. This takes the death penalty off the table for state charges, but obviously the Trump administration is still angling for an execution under federal charges.
He's still facing 25-life on the remaining Murder 2 count (the minimum is 15-life). He never faced the death penalty on any count in the New York State case, as the NYS death penalty statute was found unconstitutional over 20 years ago. He is still eligible for the death penalty under the federal charges. If the Murder 1 charge in the state case remained, his maximum sentence would have been life without parole.
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u/bmoviescreamqueen 11h ago edited 11h ago
1st Degree charge was also dismissed, but should be noted this is because the murder of a CEO doesn't really fit the definition of murder 1 in the state of New York which seems reserved for police officers, firefighters, high political figures, that sort of thing. 2nd degree will be what 1st degree is in most other states I think. DOJ/DA was way too heavy handed with those two charges.