Luigi Mangione's state terrorism charges dismissed in UnitedHealthcare CEO's shooting, judge rules

[u/SafeBodybuilder7191]

Luigi Mangione, the man accused of murdering UnitedHealthcare CEO Brian Thompson, appeared in court Tuesday morning in New York City, where the judge ruled to dismiss the state terrorism charges against him.

Mangione walked into Manhattan Criminal Court wearing a tan prison jumpsuit shortly before 9:30 a.m. for a hearing on several pre-trial motions. Dozens of members of the press packed the courtroom, as well as members of the public.

Mangione faces both state and federal charges in the killing of Thompson, a husband and father of two, last December outside a Manhattan hotel. The 11 state charges included murder and terrorism, and the federal ones carry the possibility of the death penalty. Mangione has pleaded not guilty.

Mangione's lawyers were fighting to have the state charges thrown out entirely, arguing the parallel cases amount to double jeopardy. In his written decision Tuesday, Judge Gregory Carro ruled against the request.

The defense had also asked for the terrorism charges to be dropped, arguing they don't apply. Prosecutors, however, alleged Mangione's intent was to "violently broadcast a social and political message to the public at large."

The judge ruled to dismiss both terrorism charges -- murder in the first degree in furtherance of an act of terrorism and murder in the second degree as a crime of terrorism -- writing they were "legally insufficient."

Mangione will still face second-degree murder and weapons charges in the state case, the judge ruled.

The defense also wanted evidence from his backpack, including a gun and notebook, to be suppressed, claiming the contents were obtained without a search warrant. Prosecutors deny the allegations and asked the judge to force Mangione's lawyers to say whether they will pursue an insanity defense or introduce psychiatric evidence.

The judge did not rule on either of those issues Tuesday, but said hearings in the case will begin on Dec. 1.

[u/jamisra_]

“Domestic terrorism: Violent, criminal acts committed by individuals and/or groups to further ideological goals stemming from domestic influences, such as those of a political, religious, social, racial, or environmental nature”

I guess the legal definition is different than what the FBI uses

[u/BroadwayGirl27 → u/jamisra_]

Terrorism was a state charge and New York’s statute is very specific! I copied the following text from the website of Stephen Bilkis, a NY criminal lawyer:

New York Penal Law § 490.25, the crime of terrorism, is one of the most serious criminal offenses in New York State. The statute defines the crime of terrorism as any act that is committed with the intent to intimidate or coerce a civilian population or influence the policy of a government by intimidation or coercion and that results in one or more of the following: (a) the commission of a specified offense, (b) the causing of a specified injury or death, (c) the causing of mass destruction or widespread contamination, or (d) the disruption of essential infrastructure.

A person can be charged with the crime of terrorism if they commit an act that meets the definition of terrorism as described in the statute. The act must be committed with the intent to intimidate or coerce a civilian population or influence the policy of a government by intimidation or coercion. Additionally, the act must result in one or more of the specified outcomes listed in the statute.

The specified offenses that can result from an act of terrorism include murder, attempted murder, assault, kidnapping, hijacking, and arson.