Manhattan prosecutors argue double jeopardy does not bar state murder trial of Luigi Mangione

Manhattan prosecutors filed a brief on Friday asserting that the federal stalking conviction of 28-year-old Luigi Mangione does not preclude a state trial for the fatal shooting of United Healthcare CEO Brian Thompson. The office argues that murder and stalking are distinct offenses with different statutory elements, and therefore double jeopardy does not apply.

"In a nutshell, the essence of federal stalking or cyberstalking has nothing to do with murder, and the essence of state murder has nothing to do with stalking or cyberstalking: different harms, different evils, different purposes, different crimes," wrote lead prosecutor Joel Seidemann.

Mangione pleaded guilty in August to two federal stalking counts after admitting he traveled to New York intending to shoot Thompson. His defense has moved to dismiss the state murder and weapons charges, contending that the double-jeopardy clause bars a second prosecution for the same conduct. Prosecutors counter that the state charge is second-degree murder, a violent felony that requires proof of intent, whereas the federal stalking offenses do not.

The DA’s office also noted that a federal firearms charge was previously dismissed by U.S. District Judge Margaret Garnett, meaning Mangione has not been separately prosecuted for the weapon used. Prosecutors asked that any dismissal be without prejudice, allowing the state case to be refiled if the federal conviction is later overturned.

Mangione was arrested in December 2024 at a McDonald’s in Altoona, Pennsylvania, after a manhunt sparked by the Midtown Manhattan shooting. Investigators recovered a 3D-printed gun, shell casings matching the crime scene, and a notebook expressing hostility toward the healthcare industry.

The state trial is scheduled to begin in September, followed by a federal trial slated for January 2027.