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Terrorism charges dropped against Mangione in UnitedHealthcare CEO’s killing

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File photo: Luigi Mangione, suspect in the shooting of CEO Brian Thompson

A New York judge has dismissed state terrorism charges against Luigi Mangione in the shooting death of UnitedHealthcare CEO Brian Thompson, ruling that prosecutors failed to establish terroristic intent.

The decision was issued on Tuesday. Justice Gregory Carro granted suppression hearings and allowed the remaining counts, including second-degree murder, multiple weapons charges, and possession of a forged instrument, to proceed.

Justice Carro found that Counts 1 and 2, charging first-degree murder “in furtherance of an act of terrorism” and second-degree murder as a crime of terrorism, were legally insufficient.

Carro concluded that employees of a single company do not constitute a “civilian population” under New York’s terrorism statute and that the evidence did not show Mangione acted with the statutory intent to intimidate or coerce a civilian population or influence government policy.

A spokesperson for Manhattan District Attorney Alvin Bragg told CNN the office respected the court’s decision “and will proceed on the remaining nine counts,” including second-degree murder.

Prosecutors had presented evidence that surveillance video captured the shooter near the Hilton hotel in midtown Manhattan; that a water bottle, cellphone, and backpack discarded after the attack carried the defendant’s DNA; and that ballistics matched a handgun later recovered from Mangione’s backpack at the time of his arrest in Altoona, Pennsylvania.

Justice Carro wrote that while the killing was “heinous” and “targeted,” it did not resemble the kind of large-scale or indiscriminate attacks that New York’s terrorism law was meant to cover.

In the parallel federal case, the U.S. Justice Department will seek the death penalty against Mangione, Acting U.S. Attorney Matthew Podolsky was directed to pursue, according to Attorney General Pamela Bondi’s April announcement.

Federal prosecutors allege the killing was premeditated and carried out in public view. Thompson, a father of two, was scheduled to speak at an investor event shortly before he was shot.

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