Judge rules Luigi Mangione should not face death penalty

NEW YORK — On Friday a federal judge dropped two of the four charges against Luigi Mangione — the man accused of fatally shooting UnitedHealthcare CEO Brian Thompson — making his case no longer eligible for the death penalty. Mangione is accused of killing Thompson on Dec. 4, 2024 on a street in midtown Manhattan as he was walking to his hotel for UnitedHealth Group’s annual investor conference. Police say the words “delay,” “deny” and “depose” were written on the ammunition used, referencing a phrase used to describe how insurers avoid paying claims.

The charges of murder through use of a firearm (which made the case capital eligible) and a firearms offense were dropped, while two interstate stalking charges remain.

If found guilty, the maximum sentence he now faces is life without the possibility of parole.

The federal government has called the killing a “premeditated, cold-blooded assassination that shocked America.”

Federal prosecutors have thirty days to decide whether they will appeal.

Mangione’s attorney, Karen Agnifilo thanked the court for what she called an “incredible decision” when speaking to reporters outside the courthouse following Friday’s hearing. “We’re all very relieved,” she said. “We’re prepared and have been prepared to fight this case, and we look forward to fighting this case.”

In addition to the federal case against him, Mangione will be tried in New York State where he faces charges of murder, criminal possession of a weapon and possession of a forged instrument. Those charges carry a maximum penalty of 15 years to life in prison.

Regarding the dropped charges in the federal case, Judge Garnett acknowledged in her written opinion that the Supreme Court precedent around this is not always clear. She stated that the analysis may strike people as, “tortured and strange,” but that the decision reflected her commitment to faithfully apply the rule of law.

While her decision is a huge win for the defense, there was a second order issued on Friday in which Judge Margaret Garnett ruled for the prosecution when she decided that Mangione’s backpack and its contents — which are key pieces of evidence — are admissible in his federal trial.

Mangione’s lawyers have argued that these items — including a handgun, silencer, iPhone, and a red notebook with writing inside — should be suppressed and not be admissible, because officers did not have a search warrant.

But Judge Garnett wrote that, “Such a search was reasonable under the facts of this case.”

The judge in New York state court still has not issued a ruling on whether or not these items will be admissible in that case.

Jury selection for Mangione’s federal trial is scheduled to begin in September, though the timeline could change if the prosecution appeals the judge’s decision on the two counts dismissed this week.

Because of the high profile nature of the case, both sets of lawyers have asked for a longer than usual length of time for the jury selection process. Hundreds of potential jurors will be given a questionnaire as part of a pre-screening process, and both sides will need time to review them before moving to next phases of jury selection.