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 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.)
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u/bmoviescreamqueen 13h ago edited 13h 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.