By Associated Press’s Jennifer Peltz
NEW YORK (AP) The guy accused of shooting down the CEO of UnitedHealthcare outside a hotel in midtown Manhattan is being prosecuted by New York authorities under an anti-terrorism law from the 9/11 period.
According to a state legislation that imposes harsher penalties for killings intended to frighten civilians or influence the government, Luigi Mangionew was indicted on counts of murder as an act of terrorism.
Although it may seem like an odd use of a terrorism law, this is not the first instance in which the statute has been applied to a case that had nothing to do with cross-border extremism or a mass murder plot.
In Pennsylvania, where he is being held on further charges, Mangione is expected to attend an extradition hearing on Thursday, which may pave the door for his transfer to New York.
What you should know about the anti-terrorism law and the Brian Thompson case is as follows.
What does the law say?
The first-degree and second-degree murder charges against Mangione notably make reference to a New York law that deals with terrorism. It basically adds to the current criminal laws by stating that an underlying offense is considered a crime of terrorism if it is committed with the intention of intimidating or coercing a civilian population, influencing a unit of government’s policy through intimidation or coercion, or influencing a unit of government’s conduct through murder, assassination, or kidnapping.
The crime of terrorism classification elevates the underlying charge into a more serious sentence category in the event that a person is found guilty. For instance, a life sentence could be imposed for an assault that is typically punished by up to 25 years in jail.
If found guilty, Mangione might receive a life sentence.
The death penalty does not exist in New York. In 2004, a legislation pertaining to the death penalty was overturned by the state’s highest court.
Why do prosecutors say the anti-terrorism law applies in UnitedHealthcare CEO Brian Thompson s killing?
To put it plainly, the intention was to incite fear, said Manhattan District Attorney Alvin Bragg. The Democratic prosecutor noted that the shooting unfolded early on a workday in a heavily trafficked business and tourist area, and he mentioned Mangione s writings, while declining to get more specific.
When arrested, the 26-year-old was carrying a handwritten letter that called health insurance companies parasitic and complained about corporate greed, according to a law enforcement bulletin obtained by The Associated Press.
New York Police Commissioner Jessica Tischhas saidMangione also was carrying a gun that matched shell casings at the crime scene. Investigators say ammunition found near Thompson s bodybore the wordsdelay, deny and depose, mimicking a phrase some people useto decry insurers’ practices.
Deputy Commissioner Rebecca Weiner said the reaction to Thompson s killing shows it fits within a law against violence designed to intimidate a civilian population.
The shooting prompted a wave of public criticism of the health insurance industry. Much of it is people sharing stories and frustration, but there also have been wanted posters targeting other health care honchos.Concerned companieshave taken top executives’ biographies offline, canceled in-person shareholder meetings and even told employees to work from home temporarily.
What does Mangione s side say?
His New York attorney,Karen Friedman Agnifilo, called the case overcharged in a statement Wednesday. The term is courthouse lingo for saying that prosecutors went too far.
Where did this law come from?
State lawmakers passed it in 2001,six days after the Sept. 11 attacks, saying the state needed legislation that is specifically designed to combat the evils of terrorism and that wasn t just for federal courts. Then-state Sen. Michael Balboni, who was among the law s leading proponents, recalls pointing out that many cases could come via state and local law enforcement officers, who far outnumbered federal agents in New York.
Many other states passed similar laws around the same time, and Congress approved the Patriot Act.
Has New York s anti-terror law been used before?
There s no comprehensive count of cases where the anti-terrorism statute was used, because it can be layered onto many different types of charges, from weapons possession to murder.
The specific first-degree murder in furtherance of an act of terrorism charge against Mangione has been the top count in only three other cases statewide, according to the Division of Criminal Justice Services.
In New York City alone, over a half-dozen cases of various sorts have used the terror law, starting with the 2004 indictment of a Bronx gang member. He was accused of killing a 10-year-old girl and paralyzing a man at a christening party.
Manhattan prosecutors got convictions or guilty pleas in cases including plotsto bomb synagoguesor open fire on their congregants; aplan to build pipe bombsto try to undermine public support for the U.S. wars in Iraq and Afghanistan; alleged efforts torecruit support for the Islamic State groupand to provide money and knives to Syrian extremists; and awhite supremacistwho killed a Black man because of racial hatred.
Friedman Agnifilo was a top deputy to Bragg s predecessor, Cyrus Vance Jr., when some of those cases were prosecuted.
Are there limits on when the terror law applies?
Lawmakers set the parameters broadly. The law doesn t say that cases have to involve mass casualties or international extremism, Balboni said in a telephone interview on Wednesday.
You re trying to prevent individuals in this country who want to change government and use extremism and violence to that end, whether what they want to change is foreign policy or health care industry regulation, said.
Courts haven t set out overarching rules for when a case qualifies. However, the state s top court said the Bronx gang member s case did not.
The high courtoverturned his conviction. Justices were skeptical that the shooting allegedly targeting a rival gang member was meant to intimidate the broader community. They also worried that the meaning of terrorism could be trivialized if applied loosely in situations that do not match our collective understanding of what constitutes a terrorist act.
The man, who denied involvement in the shooting, was retried on manslaughter and other charges. He wasconvictedandsentenced to 50 yearsin prison.
Is Mangione charged with anything else?
Yes.The indictmentincludes another second-degree murder charge that doesn t have the terrorism allegation, as well as eight weapons-possession counts.
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