A New York grand jury’s indictment of Luigi Mangione, who allegedly shot UnitedHealthcare CEO Brian Thompson earlier this month, has sparked debate among experts regarding whether his actions should be classified as terrorism.

Mangione, aged 26, faces a serious list of charges including first-degree murder with a terrorism enhancement, two counts of second-degree murder (one also with a terrorism charge), along with multiple weapons-related charges. He was hit with additional federal charges during a recent court hearing.

The grand jury’s indictment is a response to “the bold, targeted, and planned shooting of Brian Thompson,” as stated by Manhattan District Attorney Alvin Bragg at a recent press briefing.

Bragg asserted that the shooting was meant to instill fear in “its most essential form, a killing intended to provoke terror.”

The inclusion of a first-degree murder charge linked to terrorism is considered unusual in New York, and legal experts suggest it may be difficult to establish in court due to the requirement to prove motive. However, they argue that Mangione’s alleged actions align with the state’s terrorism statute, which could help convey a strong message that violence is not an acceptable method for resolving ideological issues, as noted by Barbara McQuade, a law professor at Michigan and former federal attorney.

“Some individuals are portraying this man as a hero, and it is crucial to make it clear that he is not a hero. He is not merely a murderer; he is allegedly a terrorist,” McQuade told YSL News.

Insights on New York Law

New York law outlines that first-degree murder charges apply to specific circumstances, including cases involving police officers or instances of torture, or if the crime is “in furtherance of an act of terrorism.”

McQuade highlighted that this charge is atypical because the alleged act doesn’t fit the conventional scenarios we associate with terrorism.

Traditionally, we think of terrorism in terms of groups like al-Qaeda or actions such as bombings,” she noted.

The legal definition of terrorism includes acts aimed to:

• Intimidate or coerce civilians
• Influence government policy through intimidation or coercion
• Or affect government conduct by murder, assassination, or kidnapping

Purpose of Including Terrorism in Charges

According to McQuade, Mangione’s actions could be considered under the terrorist statute if he attempted to intimidate or exert influence over the insurance industry or government policy related to insurance.

“They could argue that his intent was to make a statement against someone in the insurance sector for practices detrimental to consumers,” she reasoned.

By adding a terrorism component to the murder charges, Bragg faces greater challenges; he’d need to prove not only that Mangione committed the murder but also that the motivation makes it a terrorist act, according to McQuade and other legal experts. It is not an easy case to win, she added.

“Prosecutors have shifted a straightforward murder case into a serious terrorism case, which will likely make it significantly harder to prove,” former federal prosecutor Duncan Levin told MSNBC.

Nonetheless, McQuade expressed that Bragg’s decision to include the terrorism charges is reasonable, as prosecutors generally aim for the highest charges they believe they can substantiate.

Bragg may have also considered the public outcry following Thompson’s murder, which sparked significant disdain towards health insurance companies and some individuals portraying Mangione as a hero.

“(Bragg) seeks to send a deterrent message,” she noted. “Criminal justice aims not just to punish offenders but also to dissuade others by highlighting the severity of these actions.”

Some legal experts believe that Mangione may have been “overcharged,” indicating that the charges filed may exceed what the evidence truly supports.

“The victim was shot in the back of the head in a quiet area, early in the morning. It doesn’t seem to fit what one would define as a terroristic murder,” criminal defense attorney Stacy Schneider told CNN.

Schneider further stated that a defense attorney could argue that the public’s reaction to the shooting was “entirely unpredictable.”

Mangione waived

On Thursday morning, he exercised his right to an extradition hearing and was taken from Pennsylvania, where he had been since his arrest, back to New York City to confront new charges.

His attorney, Karen Friedman Agnifilo, a former Manhattan prosecutor, stated that Mangione was “overcharged” and that she intends to challenge the allegations against him.

“She has experience defending cases like this,” Levin mentioned on MSNBC regarding Friedman Agnifilo.