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New York Judge Dismisses Terrorism Counts in Mangione Case, Murder Charge to Proceed

The decision removes terrorism enhancements, leaving only a second-degree murder charge for hearings on December 1.

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NEW YORK, NEW YORK - SEPTEMBER 16: Luigi Mangione is escorted by police as he arrives for a hearing as his lawyers push to have his state murder charges dismissed in the killing of UnitedHealthcare CEO Brian Thompson, at Manhattan Criminal Court on September 16, 2025 in New York City. Mangione is accused of murdering UnitedHealthcare CEO Brian Thompson late last year. He is facing 11 counts for the December 4th shooting outside a midtown Manhattan hotel, which set off a massive manhunt. He is also facing federal charges of murder and other charges in Pennsylvania, where he was arrested. (Photo by Spencer Platt/Getty Images)
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Overview

  • Justice Gregory Carro ruled the terrorism counts legally insufficient because prosecutors failed to show intent to intimidate or coerce a civilian population under New York law.
  • The court kept a second-degree murder charge related to the Dec. 4, 2024 killing of UnitedHealthcare CEO Brian Thompson and set state pretrial hearings for Dec. 1.
  • Carro declined to dismiss the state case on double‑jeopardy grounds, calling the defense argument premature as federal and state prosecutions proceed under different theories.
  • Federal prosecutors, directed by U.S. Attorney General Pam Bondi, continue a separate case seeking the death penalty, while New York’s case carries a potential life sentence.
  • Defense attorneys are seeking to suppress a backpack’s contents and post‑arrest statements as unlawfully obtained, while prosecutors have cited diary writings to argue motive and planning; Mangione was arrested Dec. 9 in Altoona, Pa., and remains in federal custody in Brooklyn.