Luigi Mangione latest: Death penalty off the table, judge rules

(NEW YORK) — A federal judge in New York on Friday dismissed the death-eligible counts from Luigi Mangione’s indictment, clearing the way for his federal trial to begin in October.

“Tortured and strange” though she said her conclusion may be, U.S. District Judge Margaret Garnett ruled stalking is not a crime of violence and, therefore, not a predicate to make the killing of UnitedHealthcare CEO Brian Thompson a capital crime.

“No one could seriously question that this is violent criminal conduct,” Garnett wrote. However, her opinion said that the U.S. Supreme Court requires her to analyze the allegations in a way that is “totally divorced from the conduct at issue.”

Garnett said crimes of violence must, by definition, involve force and, theoretically, stalking could be committed without it.

The defense wanted the death penalty taken off the table, arguing that stalking “fails to qualify as a crime of violence” and therefore cannot be the predicate to make Mangione eligible for the death penalty if he is convicted of the federal charges. The defense also argued that the decision to seek the death penalty was political and circumvented the federal government’s protocols.

Mangione, who is accused of stalking and killing Thompson in Midtown Manhattan in December 2024, has pleaded not guilty to state and federal charges.

With the death penalty off the table, Garnett said Mangione’s federal trial will begin with opening statements on Oct. 13. Garnett said jury selection will begin on Sept. 8. 

The Manhattan district attorney’s office is separately trying to convince a state judge to put Mangione on trial on July 1, before the federal case.

Garnett on Friday also declined to suppress evidence seized from Mangione’s backpack when he was apprehended in Altoona, Pennsylvania. This ruling will allow prosecutors to use key evidence at trial, including the alleged murder weapon and writings that prosecutors say amount to a confession.

Garnett said the search fell within multiple exceptions to the requirements for obtaining a search warrant, including the discovery of the weapon and the likelihood that the evidence would have been discovered inevitably. 

Mangione’s lawyers had argued the backpack search was illegal.

ABC News’ Peter Charalambous contributed to this report.