Manhattan federal prosecutors have decided not to appeal a judge’s ruling that prevents them from seeking the death penalty against Luigi Mangione in the 2024 killing of UnitedHealthcare CEO Brian Thompson. The government informed the court it would not pursue an “interlocutory review” of the order issued by U.S. District Judge Margaret M. Garnett, who had given prosecutors until Friday to decide whether to appeal.
Judge Garnett, last month, dismissed two of the four federal counts against Mangione, 27, including murder through the use of a firearm – the charge that carried the potential for capital punishment – and a related firearms offense. Mangione still faces two counts of interstate stalking, each carrying a maximum sentence of life in prison without the possibility of parole. He has entered a plea of not guilty to all charges.
In her January 30th ruling, Judge Garnett found the murder charge to be technically flawed, determining that the underlying stalking offense did not qualify as a “crime of violence.” To pursue the death penalty, prosecutors were required to demonstrate that Mangione killed Thompson, 50, while simultaneously committing another qualifying “crime of violence.”
Karen Agnifilo, an attorney representing Mangione, welcomed the ruling, describing it as “an incredible decision” and expressing relief. “We want to thank all the people who come out and stand in the cold, and the people who can’t come here, all the supporters,” Agnifilo said.
The decision not to pursue the death penalty follows an earlier directive from Attorney General Pam Bondi, who in April had instructed prosecutors to seek capital punishment, stating that Mangione’s “murder of Brian Thompson — an innocent man and father of two young children — was a premeditated, cold-blooded assassination that shocked America.”
Mangione is accused of fatally shooting Thompson on December 4, 2024, in midtown Manhattan as the executive was en route to a UnitedHealth Group investor conference. The shooting triggered a five-day nationwide manhunt, culminating in Mangione’s arrest at a McDonald’s restaurant in Altoona, Pennsylvania.
Mangione is scheduled to stand trial in federal court this fall, with jury selection set to initiate in September. He also faces nine state charges, including second-degree murder and various weapons offenses, in a separate case brought by Fresh York state prosecutors. That trial is currently scheduled to commence on June 8. Mangione has pleaded not guilty to all federal and state charges.
The case has garnered significant public attention, with Mangione becoming a controversial figure, even attracting a degree of support. Opinion polls have indicated that while most American adults view Mangione negatively, approximately one in four sympathize with him, a sentiment more prevalent among younger and more liberal respondents, according to reports.
