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Judge Gregory Carro finds evidence for two most serious charges “legally insufficient”; setback for Manhattan District Attorney’s Office.

Judge Gregory Carro has dismissed two of the most serious charges against Luigi Mangione, deeming the supporting evidence ‘legally insufficient’. Among the charges dismissed is the one for first-degree murder; however, Mangione, 27, remains on trial for second-degree murder in connection with the killing of UnitedHealthcare CEO Brian Thompson last year.

The judge’s decision is a blow to the Manhattan District Attorney’s Office, which had argued that the terrorist aggravating circumstance existed. According to the prosecution, the attack was symbolically directed against an executive of “the largest health insurance company in the United States” during a corporate event in Midtown Manhattan, a circumstance which, according to prosecutors, would have substantiated the hypothesis of state terrorism.

Carro, however, found that, in light of applicable state law, there was insufficient evidence to prove the intent required to constitute the crime of terrorism, namely the desire to intimidate or coerce a larger population. For this reason, the two most serious charges were dismissed, while the second-degree murder charges remain.

The defence had requested the exclusion of the terrorism charges, arguing that the offence is intended for conduct aimed at creating a state of generalised terror, not for acts with an identified victim. The remaining issues, including any procedural challenges raised by the defence, will be addressed in the next stages of the trial.

Timeline

4 December 2024 — Murder
The CEO of UnitedHealthcare is killed outside a hotel in Midtown Manhattan while on his way to a company conference. (Date of event: 4/12/2024 — indicated in previous messages in the conversation).

December 2024 — Investigation and arrest
The authorities launch an investigation, acquiring surveillance footage and other evidence. In the following weeks, 27-year-old Luigi Mangione is arrested and the prosecution brings the first charges, which include very serious crimes such as murder and, initially, charges of state terrorism.

Early 2025 — Indictment and evidence gathering
Prosecutors argue that the attack was aggravated by terrorism, citing the symbolic location of the attack (an executive of a large company in front of a corporate event in Midtown) and other evidence gathered during the investigation. The defence, on the other hand, begins to contest the terrorism charges and raises procedural issues.

Subsequent procedural stages — Defence and procedural issues
The defence requests the exclusion of certain evidence and argues that the anti-terrorism offence requires the intent to intimidate a community, which is not prosecutable when the victim is a single individual; evidentiary challenges and possible procedural exceptions emerge.

16 September 2025 — Decision by Judge Gregory Carro
The presiding judge dismissed two of the most serious charges (including first-degree murder and charges classified as state terrorism), considering the evidence supporting them to be “legally insufficient”. The second-degree murder charges against Mangione remain pending.

Ongoing proceedings

The state proceedings continue only with the remaining charges (in particular second-degree murder); further procedural steps are expected (pre-trial hearings, evidentiary issues, scheduling).

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