This article originally appeared on ZeroHedge and was republished with permission.
Guest post by Tyler Durden
A federal district judge in New York has ruled that Luigi Mangione, 27, will not face the death penalty for allegedly killing UnitedHealthcare CEO Brian Thompson in December 2024.
The ruling by Judge Margaret Garnett (Biden) is a loss for federal prosecutors, who were pursuing the death penalty in the case.
Garnett also ruled that evidence recovered from Mangioneâs backpack is admissible as evidence. Law enforcement seized various items from the backpack - including a handgun, a loaded magazine, and a red notebook, which authorities say tie him to the killing.
Mangioneâs attorneys had asked that the evidence be barred from trial, arguing that the search of his backpack was illegal because they had not obtained a warrant, and there was no immediate threat that justified a warrantless search.
Surveillance cameras recorded the slaying, as video shows Thompson walking down the sidewalk outside a hotel when a man approaches from behind and opens fire. Thompson suffered multiple gunshot wounds and collapsed to the ground, after which the gunman fled and was later spotted on a bike making his way uptown. There was at least one eyewitness.
Mangione was arrested five days later at a McDonaldâs in Atloona, Pennsylvania, after customers and staff recognized him from a wanted poster.
The defense has aggressively argued that prosecutors have failed to allege an underlying âcrime of violenceâ necessary for the top charge of murder with a firearm. Prosecutors countered, arguing in an opposition filing that the defense is relying on an irrelevant precedent.
âHere, by contrast, no court has interpreted the âconduct that places [the victim] in reasonable fear of death or serious bodily injuryâ element,â federal prosecutors wrote.
To charge Mangione with murder through the use of a firearm, prosecutors need to prove an underlying crime of violence. They have alleged this to be stalking, however legal analysts have suggested that stalking can be done without violence.
âItâs like a series of dominos â the only way that the federal government can get to a death penalty charge in their case is if the murder was committed during the course of a violent felony,â LA criminal defense attorney Joshua Ritter previously told Fox News. âAnd the reason that they need that is because they need whatâs called a federal hook to get them federal jurisdiction.â
Jury selection in the case is scheduled for Sept. 8, and a trial will follow in either October or January. Prosecutors have requested a July 1 start date.
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