By Salma El-Sakka
Luigi Mangione's lawyers filed paperwork Friday seeking dismissal of state charges in the killing of UnitedHealthcare executive Brian Thompson, arguing New York's double jeopardy law bars prosecution after his federal guilty plea.
Federal guilty plea
Mangione pleaded guilty on Aug 14 to two federal stalking charges in Thompson's death outside a Manhattan hotel on Dec 4, 2024. The plea came weeks before his scheduled state murder and weapons trial on Sept 8.
State double jeopardy argument
The killing sparked a massive manhunt and public anger toward the for-profit US healthcare industry.
About an hour after the federal plea, defense attorneys filed to dismiss the state case, citing New York statute that a person may not be twice prosecuted for the same offense or separately prosecuted for two offenses based on the same act.
Prosecutors oppose dismissal
In the new filing, lawyers argued the core misconduct in both prosecutions is the intent to kill and the killing of Thompson. They said the federal stalking statute addresses stalking with intent to kill resulting in death, similar to a state murder statute.
Manhattan prosecutors oppose dismissal, filing on Oct 9 that state proceedings can proceed under an exception to double jeopardy provisions. They argue federal stalking crimes and state murder offenses do not overlap such that double jeopardy applies.
Prosecutors said statutory double jeopardy applies only when a defendant has been separately prosecuted for the same misconduct, and dismissed federal charges do not constitute a separate prosecution.
Next court date
Judge Gregory Carro postponed state proceedings after the unexpected plea, setting the next court date for Dec 10.



