Brian Thompson killing: Luigi Mangione cleared of terrorism, second-degree murder and 8 other charges stand

A New York judge on Tuesday (September 16) dismissed terrorism charges against Luigi Mangione in the killing of UnitedHealthcare CEO Brian Thompson but kept the state’s second-degree murder charges intact.

In a written decision, Judge Gregory Carro explained that while Mangione’s crime was not an ordinary street crime, New York law does not classify an act as terrorism solely because it is ideologically motivated.

“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 also noted there was insufficient proof Mangione intended to influence government policy by intimidation or coercion — a required element for terrorism charges. Carro highlighted that federal prosecutors had opted not to pursue terrorism charges, despite the federal law serving as a model for the state statute.

Second-degree murder charge stands

Despite dismissing terrorism allegations, the judge ruled there was sufficient evidence for second-degree murder.

“There was sufficient evidence that Mangione murdered Brian Thompson in a premeditated and calculated execution,” Carro said.

Manhattan District Attorney Alvin Bragg’s office stated, “We respect the Court’s decision and will proceed on the remaining nine counts.”

Court appearance and supporters

Mangione appeared in court wearing beige prison clothes, handcuffed and shackled, speaking briefly with his attorney. He seemed in good spirits, raising an eyebrow at supporters seated in the gallery.

The 27-year-old Ivy League graduate has garnered a cult following from critics of the health insurance industry. Many supporters attended Tuesday’s hearing, some dressed in green as a nod to the Mario Bros. character Luigi, and others wore “FREE LUIGI” T-shirts. Outside the courthouse, supporters cheered as news broke about the dismissed terrorism charges.

The case

Mangione pleaded not guilty to multiple murder counts, including murder as an act of terrorism, in the December 4, 2024, killing. Surveillance footage showed a masked gunman shooting Thompson at the New York Hilton Midtown. Investigators noted the ammunition carried phrases like “delay,” “deny” and “depose,” referencing insurance claim practices.

Mangione was arrested five days later in Altoona, Pennsylvania, and has been held at a Brooklyn federal jail since.

Double jeopardy argument rejected

Mangione’s attorneys argued that state and federal prosecutions could amount to double jeopardy. Carro rejected the argument, stating it would be premature. Bragg’s office emphasized that the cases involve different legal theories and have not gone to trial.

Diaries and writings

Prosecutors cited Mangione’s handwritten diary as evidence for terrorism charges. The diary referenced rebelling against the “deadly, greed-fueled health insurance cartel” and praised Ted Kaczynski, the Unabomber. Mangione allegedly wrote a confession, stating, “it had to be done.”

Carro criticized the prosecution’s focus on the phrase “revolutionary anarchism,” writing: “Not only does this stretch the import of a two-word phrase beyond what it can carry, but it ignores other, more explicit excerpts from defendant’s writings in which he states that his goal is to spread a ‘message’ and ‘win public support’ about ‘everything wrong with our health system.’”

Pretrial hearings are scheduled for December 1. The second-degree murder charge carries a potential sentence of 15 years to life, with parole eligibility after 25 years.