US judge tosses Luigi Mangione charge that could carry death penalty

Prosecutors are expected to appeal the ruling over the shooting on Dec. 4, 2023, outside a midtown Manhattan hotel

• Federal judge dismissed murder charge, removing death penalty for Luigi Mangione
• Mangione still faces state murder charges and two federal stalking charges
• Prosecutors plan to appeal the ruling over the 2023 shooting of Brian Thompson

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Luigi Mangione won a significant legal victory when a federal judge dismissed a murder charge that could have led to the death penalty if he were convicted in the killing of UnitedHealth Group Inc. executive Brian Thompson.

US District Judge Margaret Garnett ruled Friday that prosecutors cannot pursue a murder charge that could have led to the death penalty if he were found guilty. The decision means the death penalty is off the table for now.

Prosecutors are expected to appeal the ruling over the shooting on Dec. 4, 2023, outside a midtown Manhattan hotel. Mangione still faces a parallel state murder case but New York does not allow capital punishment. He’s pleaded not guilty in both cases.

Garnett ruled on Friday that Mangione must still face trial on two federal stalking charges. If he is convicted, he could potentially face life in prison without possibility of parole.

“This court’s decision that they must be dismissed, is solely to foreclose the death penalty as an available punishment to be considered by the jury that will otherwise determine, at trial, whether to convict the Defendant for causing Brian Thompson’s death,” according to the judge.

Mangione, 27, was arrested at an Altoona, Pennsylvania, McDonald’s after a five-day national manhunt. Thompson was shot as he walked to speak at an investor’s conference in New York City.

Attorney General Pam Bondi announced earlier last year that the US would seek the death penalty against Mangione for committing “a premeditated, cold-blooded assassination.” The case has drawn intense national interest and Mangione has been cheered by fans who say he expressed their rage at the health-care system.

A lawyer for Mangione didn’t have an immediate comment. A spokesman for the Manhattan US Attorney’s Office didn’t immediately respond to a request for comment.