N.Y. judge dismisses state terrorism charges against Luigi Mangione, keeps murder charge

( NBC )

A New York state judge on Tuesday dismissed state terrorism charges against Luigi Mangione, but kept second-degree murder charges in connection with the December killing of UnitedHealthcare CEO Brian Thompson.

New York Judge Gregory Carro tossed charges of murder in furtherance of an act of terrorism and murder in the second degree as a crime of terrorism against Mangione, ruling the charges were "legally insufficient." Carro ruled that prosecutors presented "legally sufficient evidence of all other counts, including Murder in the Second Degree."

"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 ruling.

Mangione, 27, still faces federal charges and other state charges in Pennsylvania, all of which he has pleaded not guilty to.

Defense lawyers have argued for the New York state charges to be dismissed, contending that their client was facing double jeopardy with state and federal charges. Carro rejected the defense's argument, calling the double jeopardy argument "premature."

"This court is not persuaded that proceeding to trial in the state case first will cause the defendant severe prejudice, and the defendant’s claim that any state trial testimony will prejudice his federal trial is merely speculative," he wrote.

Instead, Carro suggested that the killing of Thompson did not meet the law's definition of terrorism.

"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 set hearings for Mangione's case to begin on Dec. 1. A trial date has not yet been set.

"We respect the Court’s decision and will proceed on the remaining nine counts, including Murder in the Second Degree," Danielle Filson, a spokesperson for the Manhattan District Attorney's Office, said in a statement.

Mangione's attorneys did not immediately return a request for comment.

If Mangione is found guilty of the highest count in the New York state charges, he could face 25 years to life in prison.

Thompson, 50, was shot and killed by a masked gunman on the streets of midtown Manhattan in December, hours before he was set to speak at UnitedHealth Group’s investor conference. The shooter fled the scene on a bike, riding it into Central Park, evading capture and prompting a dayslong manhunt.

Days later, an employee at a McDonald’s in Altoona, Pennsylvania, called police and said they saw a man wearing a medical mask who they believed matched images authorities released of the shooter. The masked man in the McDonald's was Mangione, according to authorities.

Mangione was arrested and brought back to New York to face state charges in an unusual, high-profile manner. After arriving in New York by plane, authorities transported him to the city by helicopter, where he was met by heavily armed police, Mayor Eric Adams and TV camera crews.

In April, Attorney General Pam Bondi directed federal prosecutors to seek the death penalty for Mangione. In June, prosecutors released what they have described as writings connecting Mangione to Thompson's death.

Mangione’s lawyers have argued that the writings and other evidence seized at the time of his arrest should be suppressed, contending that authorities conducted a warrantless search of their client’s belongings.

One alleged diary entry suggested that someone should "wack the CEO at the annual parasitic bean-counter convention," according to a court filing.

"It’s targeted, precise, and doesn’t risk innocents. Most importantly, the point is self-evident," the diary entry reads, according to the filing. “The point is made in the news headline ‘Insurance CEO killed at annual investors conference.'"

Thompson's killing did just that and more.

In the weeks that followed the father-of-two's slaying, Thompson's death prompted a wider and charged national conversation about the high costs of health care in the United States.

It also provoked a broader discussion about high-profile acts of violence in the United States, drawing comparisons to attacks on prominent politicians, including President Donald Trump and Michigan Gov. Gretchen Whitmer. Prosecutors said in a court filing last month that Mangione has encouraged others to commit similar acts of violence.

Thompson's killing has been top of mind in recent days following the assassination of conservative activist Charlie Kirk last week.

Mangione’s hearings in New York City regularly draw protests against the health care industry, with flocks of people picketing for his release.

Some two dozen mostly women are online waiting to witness the proceedings on Tuesday. One told NBC News she has been waiting for 30 hours outside to get in and arrived overnight on Monday. She is wearing a T-shirt that reads "Free Luigi."

Mangione's legal defense fund has surpassed $1.2 million.