Federal prosecutors and defense lawyers will square off in Manhattan on Wednesday over whether a man accused of killing a health insurance executive could face the federal death penalty if convicted.
Luigi Mangione, 27, is due in U.S. District Court for a hearing at 11 a.m. Eastern (4 p.m. in Ireland) before Judge Margaret Garnett. Mangione is charged in the December 2024 fatal shooting of United Health CEO Brian Thompson on a Midtown Manhattan sidewalk, a killing that drew swift condemnation from public officials.
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Mangione has pleaded not guilty to federal counts including murder, stalking and weapons offenses, and remains in custody pending trial. He also faces state charges in New York, including murder.
At issue Wednesday is a single federal count that carries the possibility of capital punishment: murder with a firearm. Mangione’s attorneys are asking Garnett to dismiss that charge, arguing prosecutors failed to meet the legal requirements for bringing it. If the defense prevails, the case would no longer include a death-eligible count, even if the other federal charges continue toward trial.
New York’s death penalty was declared unconstitutional in 2004, but that ruling applies only to state prosecutions. Federal law still permits capital punishment, and federal authorities can pursue it in qualifying cases in any state. Mangione’s parallel state case could still result in a life sentence if he is convicted there, regardless of what happens in federal court.
No trial date has been set in either the federal or state proceedings.
Prosecutors have not publicly detailed in the hearing notice their reasoning for the death-eligible firearm count, but the defense motion contends the government’s charging papers do not satisfy the elements required under federal law. Garnett is expected to hear arguments on whether the indictment, as written, supports that count and whether it should be severed from the case.
Authorities allege Thompson was gunned down near his office in Midtown, a high-profile killing that rattled a busy commercial district during the holiday season and prompted an outpouring from local and national leaders. The arraignment and initial hearings have unfolded in parallel tracks, reflecting the dual sovereignty common in major violent cases that potentially implicate both federal and state statutes.
Wednesday’s hearing will not determine guilt or innocence. Instead, it will shape the federal case’s stakes by deciding whether a possible death sentence remains on the table. A ruling in favor of the government would keep the capital-eligible count intact; a ruling for the defense would remove that option while leaving other serious charges — and the possibility of life imprisonment — in place.
The court did not immediately indicate when to expect a decision following the arguments. If the case proceeds with the death-eligible count, additional procedural steps would follow before any decision about seeking capital punishment, and both sides would continue pretrial litigation on evidence and other issues. If the count is dismissed, attention will shift to preparing the remaining federal and state charges for trial.
Thompson’s killing and Mangione’s prosecution continue to draw intense public interest given the corporate prominence of the victim and the rare possibility of a federal death sentence in New York. The next major developments will hinge on Garnett’s ruling and the scheduling orders that follow.
By Abdiwahab Ahmed
Axadle Times international–Monitoring.
