The next steps in Luigi Mangione’s case and why his most serious charge is only second-degree murder

KYW, WPXI, CNN

By Emma Tucker, CNN

(CNN) — The most serious charge against the suspect accused of killing the UnitedHealthcare CEO in broad daylight last week on a Manhattan sidewalk is murder in the second-degree, but that charge could be upgraded if prosecutors find evidence to prove he had an intent to commit terrorism by targeting other executives, according to legal analysts.

Investigators say they have mounting evidence against Luigi Mangione, 26, connecting him to the assassination of Brian Thompson on December 4. The 3D-printed gun and fake ID found on him when he was arrested in Pennsylvania on Monday matches three shell casings found at the crime scene, and his fingerprints match those investigators found on items near the scene, according to New York Police Department Commissioner Jessica Tisch. Mangione was also carrying a document, which has been described as a “manifesto” that did not include specific threats but indicated “ill will towards corporate America,” said NYPD Chief of Detectives Joseph Kenny.

Mangione was denied bail on Tuesday and is fighting his extradition to New York, where he faces five charges, including second-degree murder, in Thompson’s killing. He also faces gun charges in Pennsylvania related to the firearm police say they found on him when he was arrested.

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

In Mangione’s case, he could be charged with first-degree murder if the investigation uncovers evidence showing he had a plan to commit terrorism, such as plotting the killing of other health insurance executives, said David Shapiro, a lecturer at the John Jay College of Criminal Justice.

If convicted of second-degree murder, Mangione faces at least 15 years to life in prison, while a first-degree murder charge carries a minimum of 20 years to life in prison.

“Terrorism is defined, basically, as creating, intimidating the civilian population or influencing a government unit to act in a certain way,” Shapiro told CNN. “You can easily imagine a set of facts where Mangione was attempting to do the same or did the same. I’m sure there are a host of insurance company executives that are afraid of copycats.”

The killing of Thompson – a husband and father of two – has laid bare many Americans’ fury toward the health care industry. Mangione has been garnering sympathy online and people have made offers to pay his legal bills.

It’s also struck fear in C-suites across the country, as an NYPD intelligence report obtained by CNN warns online rhetoric could “signal an elevated threat facing executives in the near-term …”

Mangione’s lawyer, Thomas Dickey, has denied his client’s involvement in the December 4 killing and anticipates he will plead not guilty to the murder charge and other charges in New York, as well as to charges related to the 3D-printed gun and fake ID police say they found on him.

Why Mangione is charged with second-degree murder

Most states, including New York, base their criminal laws on the Model Penal Code, created in 1962 to make criminal laws more uniform across states after being developed by legal scholars and attorneys with the American Law Institute.

The idea of premeditation was “largely abandoned” in favor of using four basic states of mind to determine a “guilty mind” – purposeful, knowing, reckless and negligent, according to Shapiro.

“It captures what’s really wrong with the act,” said Shapiro. “It’s well-tailored to both addressing the evil, which is that state of mind that wants to kill, and it makes it easy for the state to prosecute. You don’t have to spend all the resources and going into the history of the person and the victim.”

In Mangione’s case, if it appears he had been planning the killing for a while, Shapiro said, then evidence developed in the case may point to a terrorism angle. Mangione appeared to be driven by anger against the health insurance industry and against “corporate greed” as a whole, according to an NYPD intelligence report obtained Tuesday by CNN.

“He appeared to view the targeted killing of the company’s highest-ranking representative as a symbolic takedown and a direct challenge to its alleged corruption and ‘power games,’ asserting in his note he is the ‘first to face it with such brutal honesty,’” says the NYPD assessment, which was based on Mangione’s “manifesto” and social media.

That Mangione was found with a gun, fake ID and manifesto, Shapiro said, indicates he might have been planning additional attacks. “Why would you want to carry all that incriminating evidence of what you just did? … Maybe it’s not that he’s stupid, but he’s planning to use this stuff again,” he said.

A second-degree murder charge – but not first-degree murder – allows the defendant an “affirmative defense,” which is essentially a “Yes, but” argument to lessen the seriousness of the charge to first-degree manslaughter, according to Shapiro.

“Arguably, he’s got other manuscripts, other things he’s put on social media, other discussions with people who will come forward about his plans,” Shapiro said.

It’s possible the case against Mangione could become federal, as there may be an argument that Mangione was traveling across state lines to commit an act of violence, which is a federal crime, according to Elie Honig, a CNN senior legal analyst and former federal and state prosecutor.

But federal prosecutors have to determine whether charges are necessary or redundant. They consider whether a defendant is being charged in another jurisdiction with the same crime in state court, Honig said. Federal statutes carry much more serious penalties – mandatory life imprisonment and the death penalty.

Why Mangione may be fighting extradition

With Mangione fighting extradition, a Pennsylvania court has given him 14 days to file for 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 does file.

Pennsylvania prosecutors have 30 days to get a governor’s warrant, which New York Gov. Kathy Hochul said she will work with prosecutors to sign. Also, Pennsylvania Gov. Josh Shapiro “is prepared to sign and process … promptly as soon as it is received.”

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

There could be several reasons Mangione is fighting his extradition, said Karen Agnifilo, a CNN legal analyst and defense attorney. It would give him more time to think about his defense, or demand prosecutors 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 before authorities bring Mangione back to New York after the governor’s warrant is obtained, said Agnifilo, who previously worked at the Manhattan District Attorney’s Office.

Shapiro, however, said the extradition process should be resolved within 30 days given how high profile the case is and Hochul’s announcement she’s working to obtain the warrant. Once Mangione is in New York, he’ll be arraigned and will make a plea, Shapiro said, so investigators can start producing evidence and discovery.

Mangione’s arrest is only the first piece of the case against him, according to Ken Corey, former NYPD chief of department. New York prosecutors will begin testing forensic evidence, reviewing DNA results and scouring video footage to put together a timeline to show the jury “almost a movie of his movements to successfully conclude that this is in fact the same person responsible for this crime,” Corey told CNN.

Most criminal defendants facing prosecution on more serious charges in another state waive their right to extradition, according to Agnifilo.

“Eight or 9 out of 10 times, defendants waive extradition because they realize this is so perfunctory, it’s so easy, and most of them don’t want to languish in detention in the other state because you don’t even get to fight your case yet,” Agnifilo said.

But in murder cases like Mangione’s, Agnifilo said, “there’s no chance he’s going to be let out, so he’s fighting extradition.”

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

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