By Luc Cohen
NEW YORK (Reuters) - A New York state judge dismissed on Tuesday two terrorism-related counts against Luigi Mangione over the December 2024 killing of health insurance executive Brian Thompson, though the 27-year-old remains charged with second-degree murder and eight other criminal counts in the case.
Justice Gregory Carro ruled that prosecutors had not presented enough evidence to the grand jury that Mangione acted with the intent to intimidate health insurance workers or influence government policy, which would have been necessary to prove murder as an act of terrorism.
"While there is no doubt that the crime at issue here is not ordinary 'street crime,' it does not follow that all non-street crimes were meant to be included within the reach of the terrorism statute," Carro wrote in his decision.
Mangione was led into the courtroom in Lower Manhattan handcuffed and with shackles on his feet, wearing tan prison garb.
The judge set Mangione's next court date in the case for December 1.
Mangione could still face life in prison if convicted of murder in the second degree, which is defined as an intentional killing. He also faces a separate federal indictment over the killing of Thompson, the former chief executive of UnitedHealth Group's insurance unit UnitedHealthcare. Mangione has pleaded not guilty to both the state and federal charges.
In addition to second-degree murder, Mangione faces seven counts of criminal possession of a weapon and one count of possessing a false identification in the state case against him.
A spokesperson for Manhattan District Attorney Alvin Bragg said in a statement, "We respect the court's decision and will proceed on the remaining nine counts, including murder in the second degree."
The U.S. Justice Department is seeking the death penalty in the federal case against Mangione. Carro's dismissal of the state-level terrorism counts has no bearing on the federal case.
Thompson was shot and killed on December 4 outside a Midtown Manhattan hotel, where his company was gathering for an investor conference.
Last week's killing of conservative activist Charlie Kirk has fueled fears of a spike in U.S. political violence.
Tyler Robinson, the suspect in Kirk's killing, is expected to be formally charged with state crimes in Utah later on Tuesday. Elected officials from both the Republican and Democratic parties have condemned the killing.
While the killing of Thompson was also widely condemned by public officials across the political spectrum, Mangione has become a folk hero to some Americans who decry steep healthcare costs.
A small group of Mangione supporters gathered outside the courthouse on Wednesday morning. One was dressed in a green costume of the Nintendo character Luigi, and another held the red, white and green Italian tricolor with the words "Healthcare is a human right" inscribed on the flag.
About two dozen members of the public - mostly young women - secured a seat in the back of the courtroom to watch the proceeding. One wore a black t-shirt with the words "Free Luigi" written in white letters.
Trial dates have not yet been set in either the state or federal cases. Mangione has been held in federal custody in Brooklyn since his arrest last year.
(Reporting by Luc Cohen in New York; Editing by Daniel Wallis and Will Dunham)
