Overview

• Judge Gregory Carro tossed two terrorism-related counts, finding insufficient evidence that the killing aimed to intimidate or coerce a civilian population under New York law.
• Second-degree murder and other state charges remain in place, and the court set Dec. 1 for evidentiary hearings in Manhattan.
• Carro deemed the defense’s double jeopardy claim premature, allowing the parallel state and federal cases to proceed.
• Federal prosecutors have brought separate charges and, under Attorney General Pam Bondi’s directive, are pursuing the death penalty.
• Prosecutors point to alleged diary entries, ammunition inscriptions and a 3D‑printed firearm to argue motive and planning, while the defense seeks to suppress arrest‑scene evidence over Miranda and warrant concerns.