Luigi Mangione. Spencer Platt/Getty

Luigi Mangione Returns to Court As His Attorneys Challenge Charges Tied to Death Penalty

Thomas Smith
3 Min Read

Luigi Mangione appeared in federal court on Friday, Jan. 9, as his attorneys urged a judge to dismiss two of the four charges he faces — including one count the government says could make him eligible for the death penalty.

Mangione, 27, is accused of fatally shooting UnitedHealthcare CEO Brian Thompson, 50, on a sidewalk in Midtown Manhattan on Dec. 4, 2024. He was arrested five days later at a McDonald’s in Altoona, Pa., more than 200 miles from Manhattan, after a multi-state manhunt.

Mangione has pleaded not guilty to both federal and state murder charges. Federal prosecutors are pursuing the death penalty, an effort his defense team is seeking to block.

The federal charges — and why they matter

Prosecutors have charged Mangione with:

  • using a firearm to commit a murder
  • interstate stalking resulting in death
  • stalking through the use of interstate facilities resulting in death
  • discharging a firearm equipped with a silencer in furtherance of a crime of violence

The stalking counts are central to the government’s strategy, with prosecutors arguing they are what makes the murder charge eligible for capital punishment.

Defense: stalking claim isn’t inherently violent

At Friday’s hearing, defense attorney Paresh Patel told U.S. District Judge Margaret Garnett that prosecutors are leaning on flawed legal reasoning and that the stalking allegations in this case should not be treated as inherently violent.

Prosecutors pushed back, arguing the charges are legally sound and that the alleged stalking had a violent purpose — the killing of Thompson.

Garnett said she would issue a ruling later on whether prosecutors may continue seeking the death penalty. She set another pretrial conference for Jan. 30. The judge denied a defense request for an evidentiary hearing like those held in state court, though she left open the possibility of revisiting that decision.

Police recovered several items during Mangione’s arrest, including a backpack containing a loaded gun, a silencer and what authorities have described as a manifesto criticizing America’s health care industry. Mangione’s attorneys argue the search was unlawful because police had not yet obtained a warrant.

Trial timing could hinge on death penalty decision

Garnett noted that jury selection could begin as early as September if capital punishment is removed from consideration. If the death penalty remains on the table, the federal trial would likely begin next year.

Mangione’s defense team has already had some success in his state case, persuading a judge to dismiss two terrorism-related murder charges.

Court appearance

Mangione wore prison clothing during the hearing — his first federal court appearance since his arraignment last year — and his hands were not handcuffed in court.

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