Judge takes death penalty off table in Luigi Mangione fed case, OKs weapon

Molly Crane-Newman, New York Daily News on Jan 30, 2026

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NEW YORK — The Justice Department cannot seek the death penalty against Luigi Mangione, the alleged killer of UnitedHealthcare CEO Brian Thompson, a federal judge in Manhattan ruled Friday.

Judge Margaret Garnett granted Mangione’s motion to dismiss two counts of the federal indictment he faces, including the capital offense of murder through the use of a firearm, finding the government had not satisfied the charging requirements.

“This case will proceed to trial on Counts One and Two, which charge the Defendant with causing Brian Thompson’s death under two federal stalking laws. The potential maximum punishment for each of those offenses is life in prison without parole,” Garnett wrote.

In a separate ruling, the judge ruled against Mangione in his bid to suppress from evidence the alleged murder weapon and other items recovered in his backpack by Pennsylvania police officers during his arrest five days after the Dec. 4, 2024, fatal shooting of Thompson on a Midtown sidewalk.

Garnett announced her orders in a set of written decisions, with Mangione set to appear before her later Friday morning.

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