New York judge tosses terrorism charges against Luigi Mangione, lets murder count stand

NEW YORK — A judge on Tuesday dismissed terrorism charges against Luigi Mangione in New York state’s case over the killing of UnitedHealthcare Chief Executive Brian Thompson, but he kept the state’s second-degree murder charge against him.

In a written decision released as Mangione appeared in court, Judge Gregory Carro said that although there is no doubt that the killing was not an ordinary street crime, New York law doesn’t consider something terrorism simply because it was motivated by ideology.

“While the defendant was clearly expressing an animus toward UHC, and the healthcare 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 also said there was insufficient evidence that Mangione intended to influence or affect government policy by intimidation or coercion — another element of the terrorism charges — and noted that federal prosecutors opted not to charge Mangione with terrorism offenses even though the federal terrorism statute served as a model for the state law.

But in keeping the second-degree murder charge, Carro ruled there was sufficient evidence that Mangione “murdered Brian Thompson in a premeditated and calculated execution.”

Mangione’s lawyers did not comment after the hearing.

Manhattan Dist. Atty. Alvin Bragg’s office issued a brief statement, saying: “We respect the Court’s decision and will proceed on the remaining nine counts.”

It was Mangione’s first court appearance in the state case since February. Wearing beige prison clothes, he was handcuffed and his ankles were shackled as police officers escorted him into and out of the courtroom.

He was mostly silent, only talking with his lawyer, Karen Friedman Agnifilo. While leaving the courtroom, he appeared in good spirits and raised his eyebrow at the gallery crowd.

The 27-year-old Ivy League graduate has attracted a cult following as a stand-in for frustrations with the health insurance industry. Supporters of Mangione took up three rows in the courtroom gallery.

As was the case at his last hearing, a few dozen supporters, mostly women, showed up to Tuesday’s proceedings. Some were dressed in green — the color the Mario Bros. video game character Luigi wears — as a symbol of solidarity, and one woman sported a “FREE LUIGI” T-shirt.

Sisak writes for the Associated Press. AP writer Dave Collins in Connecticut contributed to this report.