Luigi Mangione’s lawyers are seeking to dismiss the charge that could get him the death penalty if he’s convicted of murdering the UnitedHealthcare CEO.
His lawyers are arguing that Manhattan prosecutors shouldn’t be able to use his statements given to police and his backpack where the gun was found due to him not being read his rights.
They also argued that police did not have a warrant to search the backpack, violating the 27-year-old’s rights, papers filed in Manhattan federal court on Saturday said.
Mangione is accused of murdering Brian Thompson outside of a Manhattan hotel on December 4, 2024.
The Ivy League graduate has pleaded not guilty to the state and federal charges against him.
In September, the terrorism charge was dropped, to the delight of the young man’s fans.
Judge Gregory Carro said that the evidence was ‘legally insufficient’ for the counts of murder in the first degree in furtherance of an act of terrorism, and murder in the second degree as a crime of terrorism.
The decision is a huge legal win for Mangione and comes after his lawyers claimed prosecutors were rushing to bring the case against him.
Luigi Mangione ‘s lawyers are seeking to dismiss the charge that could get him the death penalty if he’s convicted of murdering the UnitedHealthcare CEO
Mangione is accused of murdering Brian Thompson outside of a Manhattan hotel on December 4, 2024
He still faces one count of murder in the second degree, which is now his most serious charge
Mangione is also accused of two counts of criminal possession of a weapon in the second degree, four counts of criminal possession of a weapon in the third degree, one count of criminal possession of a weapon in the fourth degree and one count of possession of a forged instrument in the second degree.
The killing set off a multi-state search after the suspected shooter slipped away from the scene and rode a bike to Central Park, before taking a taxi to a bus depot that offers service to several nearby states.
Five days later, a tip from a McDonald’s about 233 miles away in Altoona, Pennsylvania, led police to arrest Mangione. He has been held without bail since then.
Last month, lawyers for Mangione asked that his federal charges be dismissed and the death penalty be taken off the table as a result of public comments by US Attorney General Pam Bondi.
In April, Bondi directed prosecutors in New York to seek the death penalty, calling the killing of Thompson a ‘premeditated, cold-blooded assassination that shocked America.’
Murder cases are usually tried in state courts, but prosecutors have also charged Mangione under a federal law on murders committed with firearms as part of other ‘crimes of violence.’
It’s the only charge for which Mangione could face the death penalty, since it’s not used in New York state. The Empire State does has banned the death penalty.
The Ivy League graduate has pleaded not guilty to the state and federal charges against him (pictured: the suspected gunman outside the hotel)
In September, the terrorism charge was dropped, to the delight of the young man’s fans (pictured: the scene outside the hotel after the shooting)
The papers filed early Saturday morning argued that this charge should be dismissed because prosecutors have failed to identify the other offenses that would be required to convict him, saying that the alleged other crime – stalking – is not a crime of violence.
The assassination and its aftermath has captured the American imagination, setting off a cascade of resentment and online vitriol toward US health insurers while rattling corporate executives concerned about security.
After the killing, investigators found the words ‘delay,’ ‘deny’ and ‘depose,’ written in permanent marker on ammunition at the scene. The words mimic a phrase used by insurance industry critics.
In July, Mangione sent his fans into a tizzy as a new photo of him smiling inside jail went viral.
The image of the 27-year-old shows him crouching down and smiling while in custody at the Metropolitan Detention Center in New York.
He is wearing a white T-shirt, gray sweatpants, and a simple digital watch.
Mangione threw up a shaka sign with his left hand in the picture, which is popular in Hawaii where he is known to have spent at least half a year living in 2022.
Luigi MangioneBrian Thompson
