Federal prosecutors in Luigi Mangione case won't appeal ruling that took death penalty off the table

"U.S. District Judge Margaret Garnett dismissed the death-eligible counts from Mangione's federal indictment. "Tortured and strange," though she said her conclusion may be, 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."

"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."

"In their letter to Garnett on Friday, prosecutors informed the court that "the Department of Justice will not seek interlocutory review of the Court's Order" dismissing the counts."

Federal prosecutors in New York announced they will not appeal U.S. District Judge Margaret Garnett's decision to remove death-eligible counts from Luigi Mangione's federal indictment. Judge Garnett ruled that stalking does not qualify as a crime of violence and therefore cannot serve as a predicate for capital charges in the killing of UnitedHealthcare CEO Brian Thompson. The defense had argued stalking fails to meet the legal threshold for a violent crime and that seeking the death penalty was politically motivated. With prosecutors declining to appeal, the federal trial is expected to proceed with jury selection beginning September 8 and opening statements on October 13. Mangione has pleaded not guilty to both state and federal charges and faces a separate state trial beginning June 8.

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