Defense attorneys for Luigi Mangione filed a 57-page motion Thursday seeking to dismiss his New York murder charges in the killing of UnitedHealthcare CEO Brian Thompson, arguing that parallel state and federal prosecutions constitute double jeopardy.
Mangione, 26, faces state murder charges in New York, federal murder charges that could carry the death penalty, and additional charges in Pennsylvania following the December 4 shooting outside a Manhattan hotel. His lawyers described this three-pronged prosecution as “unprecedented prosecutorial one-upmanship.”
“Prosecutors are trying to get two bites at the apple to convict Mr. Mangione,” the defense team wrote, arguing that law enforcement has “methodically and purposefully trampled his constitutional rights” throughout the investigation.
If the judge refuses to dismiss the state case entirely, the defense is seeking several alternative remedies, including:
- Dismissal of terrorism charges, which they claim have “absolutely no facts to support this theory” and misuse a post-9/11 statute beyond lawmakers’ intent
- Exclusion of evidence collected during Mangione’s arrest, including a 9mm handgun, ammunition, and a notebook allegedly containing plans to “wack” an insurance executive
- Suppression of statements made during his arrest at a McDonald’s in Altoona, Pennsylvania, where he allegedly apologized to officers “for the inconvenience of the day”
Prosecutors claim surveillance video shows a masked gunman shooting Thompson from behind as he arrived for UnitedHealthcare’s annual investor conference. Notably, police say the words “delay,” “deny,” and “depose” were written on ammunition found with Mangione, phrases associated with insurance claim denials.
Last month, U.S. Attorney General Pam Bondi announced that federal prosecutors would seek the death penalty in the case, describing the killing as “an act of political violence” and a “premeditated, cold-blooded assassination that shocked America.” Meanwhile, Manhattan District Attorney Alvin Bragg has characterized the shooting as “a killing that was intended to evoke terror.”
The defense argues that these conflicting theories between the state and federal cases—terrorism versus stalking—create a “legal quagmire” making it “legally and logistically impossible to defend against them simultaneously.”
Mangione, who turns 27 next Tuesday, has pleaded not guilty to all charges and remains held in a Brooklyn federal jail. His next state court appearance is scheduled for June 26, when Judge Gregory Carro is expected to rule on the dismissal request. His federal case is set for a December 5 hearing, one day after the one-year anniversary of Thompson’s death.
The Manhattan district attorney’s office has indicated it will respond to the motion in court papers.
The case has drawn significant public attention, with the business community reportedly rattled by the targeted killing of an executive while some critics have rallied around Mangione as a symbol of frustrations over coverage denials.
No trial date has been set in either the state or federal case, though defense attorney Friedman Agnifilo has stated she wants the federal case to take precedence because it involves the death penalty.