Death of Brian Thompson: The next steps in the Luigi Mangione case

CNN
—

The most serious charge against the suspect accused of killing the UnitedHealthcare CEO in broad daylight on a Manhattan sidewalk last week is second-degree murder. But that charge could be strengthened if prosecutors find evidence that he intended to commit terrorism by targeting other executives, according to legal analysts.

Investigators say evidence is mounting against 26-year-old Luigi Mangione, linking him to the Dec. 4 murder of Brian Thompson. The 3D-printed gun and fake ID found during his arrest Monday in Pennsylvania match three bullet casings found on him, according to NYPD Commissioner Jessica Tisch. His fingerprints match those found by investigators Found objects near the crime scene. Mangione also carried a document described as a “manifesto” that contained no specific threats but expressed “negative intentions toward corporate America,” said NYPD Chief Detective Joseph Kenny.

Mangione was denied bail Tuesday and is fighting extradition to New York, where he faces five charges, including second-degree murder, in connection with Thompson’s killing. He also faces charges in Pennsylvania over firearms that police say they found on his person when he was arrested.

New details reveal what Mangione’s time in prison looks like

Under New York state law, a first-degree murder charge applies only to a narrow list of aggravating circumstances – for example, if the victim is a judge, a police officer or a first responder, or if the killing was a murder-for-hire or murder-for-hire acts with intent to commit terrorism, several legal experts told CNN.

In Mangione’s case, he could be charged with first-degree murder if the investigation reveals evidence that he had a plan to commit terrorist attacks, such as conspiring to murder other health insurance executives, said David Shapiro, a lecturer at John Jay College of Criminal justice system.

If convicted of second-degree murder, Mangione faces at least 15 years to life in prison, and if convicted of first-degree murder, Mangione faces at least 20 years to life in prison.

“Terrorism is basically defined as creating, intimidating, or influencing a government entity to act in a certain way, civilian population,” Shapiro told CNN. “One can easily imagine a number of facts in which Mangione tried or did the same thing. I’m sure there are many insurance company executives who are afraid of imitators.”

The killing of Thompson — a husband and father of two — highlighted the anger many Americans feel toward the health care industry. Mangione has garnered sympathy online and people have offered to pay his legal bills.

It also sparked fear in executive suites across the country, with an NYPD intelligence report obtained by CNN warning that online rhetoric “could indicate an increased threat to senior leadership in the near future…”

Mangione’s attorney, Thomas Dickey, has denied his client’s involvement in the Dec. 4 murder and believes he is pleading guilty to the murder charge and other charges in New York, as well as the 3D-printed gun and the fake Police ID card pleading not guilty will say they found him.

Luigi Mangione’s lawyer says he needs to be “convinced” that the police have the right man

Most states, including New York, base their criminal laws on the Model Penal Code, which was created in 1962 to standardize criminal laws across all states after it was developed by legal scholars and attorneys at the American Law Institute.

The idea of ​​premeditation has been “largely abandoned” and instead used four basic mental states to determine a “guilty mind” – purposeful, knowing, reckless and negligent, according to Shapiro.

“It captures what is really wrong with the act,” Shapiro said. “It is well tailored to both address evil, the state of mind that wants to kill, and to make it easier for the state to prosecute. You don’t have to spend all your resources and delve into the story of the person and the victim.”

If it appears in Mangione’s case that he had been planning the murder for some time, Shapiro said, then the evidence obtained in the case could point to a terrorist dimension, Shapiro said. According to an NYPD intelligence report obtained by CNN on Tuesday, Mangione appeared to be driven by anger against the health insurance industry and “corporate greed” as a whole.

“He appeared to view the targeted killing of the company’s highest-ranking official as a symbolic exchange and a direct challenge to alleged corruption and ‘power plays,’ claiming in his note that he was the first to approach it with such brutal honesty. ‘,” said the NYPD assessment, which was based on Mangione’s “manifesto” and social media.

The fact that Mangione was found with a gun, a fake ID and a manifesto suggests he may have been planning further attacks, according to Shapiro. “Why would you carry all this incriminating evidence of what you just did?” … Maybe it’s not that he’s stupid, but he plans on using this stuff again,” he said.

A charge of second-degree murder — but not first-degree murder — allows the defendant an “affirmative defense,” which Shapiro said is essentially a “yes, but” argument to reduce the severity of the charge to first-degree manslaughter.

“He probably has other manuscripts, other things he’s put out on social media, other discussions with people who will comment on his plans,” Shapiro said.

It is possible that the case against Mangione will go federal because it may be argued that Mangione traveled across state lines to commit an act of violence, which is a federal crime, according to Elie Honig, CNN senior legal analyst and former federal law enforcement officer. and criminal defense attorney.

But federal prosecutors must decide whether charges are necessary or unnecessary. They consider whether a defendant in another jurisdiction will be tried in state court for the same crime, Honig said. Federal law imposes far more serious penalties – life in prison and the death penalty.

As Mangione fights extradition, a Pennsylvania court has given him 14 days to request a writ of habeas corpus – putting the burden of proof on those detaining the person to justify the detention. The court will schedule a hearing if he files a motion.

Pennsylvania prosecutors have 30 days to obtain a gubernatorial order. New York Gov. Kathy Hochul said she would work with prosecutors to sign it. Pennsylvania Gov. Josh Shapiro also “stands ready to sign and process immediately as soon as it is received.”

Blair County District Attorney Peter Weeks said his office is prepared to “do what is necessary” to bring Mangione back to New York.

There could be several reasons why Mangione is fighting his extradition, said CNN legal analyst and defense attorney Karen Agnifilo. It would give him more time to think about his defense, or require prosecutors to present more evidence at his next hearing, or try to get bail in Pennsylvania, which is unlikely, Agnifilo said.

It could take up to two months for authorities to return Mangione to New York after receiving the governor’s arrest warrant, said Agnifilo, who previously worked at the Manhattan district attorney’s office.

However, Shapiro said the extradition process should be completed within 30 days because the case is high profile and Hochul has said she is working to obtain the arrest warrant. Once Mangione is in New York, he will be arraigned and enter a plea deal, Shapiro said, so investigators can begin gathering evidence and discovery.

According to former NYPD Chief Ken Corey, Mangione’s arrest is just the first part of the case against him. New York prosecutors will begin examining forensic evidence, reviewing DNA results and combing through video footage to put together a timeline that will show jurors “almost a film of his movements to successfully conclude that he was “This is actually the same person responsible for this crime,” Corey told CNN.

According to Agnifilo, most defendants who are prosecuted on more serious charges in another state waive their right to extradition.

“Eight or nine times out of 10, the defendants forego extradition because they realize it’s so superficial and so easy, and most of them don’t want to languish in custody in another state because you don’t even have the option. to defend yourself against them.” “That is not the case yet,” said Agnifilo.

But in murder cases like Mangione’s, Agnifilo said, “there’s no chance he’ll be released, so he fights extradition.”

CNN’s Dalia Faheid, Michelle Watson, John Miller and Dakin Andone contributed to this report.