Federal prosecutors are considering charges against Luigi Mangione, the suspect in the killing of United Healthcare’s CEO, Brian Thompson, according to two sources familiar with the investigation who spoke to NBC News on Wednesday.
Should federal charges be brought, the New York state murder case against Mangione would take precedence, the sources noted. Mangione, 26, was indicted on Tuesday for first-degree murder and additional charges related to the targeted killing of Thompson, who was shot from behind while walking on a Manhattan sidewalk on December 4.
Authorities have suggested that Mangione may have targeted Thompson due to his leadership of United Healthcare, the largest private health insurance company in the United States.
The indictment includes a first-degree murder charge in furtherance of terrorism, along with second-degree murder and other related charges.
In New York, a first-degree murder charge requires special circumstances beyond intent, such as killing a witness, committing murder for hire, killing a police officer, or carrying out a murder in furtherance of terrorism.
Karen Friedman Agnifilo, one of Mangione’s defense attorneys in the New York case, stated Wednesday evening that they were prepared to contest the charges in whichever court they are presented.
“The federal government’s reported decision to add additional charges on top of an already overcharged first-degree murder and state terrorism case is highly unusual and raises serious constitutional and statutory double jeopardy concerns,” Agnifilo remarked.
Manhattan District Attorney Alvin Bragg called Thompson’s ambush murder "intended to cause shock, attention, and intimidation."
According to Bragg, Mangione, wearing a hooded jacket and a mask, waited nearly an hour outside a hotel for Thompson's arrival, before shooting him from behind with a 9mm handgun fitted with a suppressor at approximately 6:45 a.m.
Mangione was apprehended on December 9 in Altoona, Pennsylvania, after being recognized from security images shared by New York police and the FBI.
He is currently being held in Pennsylvania and has contested his extradition to New York. A hearing on the matter is scheduled for Thursday.
The U.S. Attorney’s Office for the Southern District of New York, the federal prosecutor's office in Manhattan, declined to comment. Similarly, the FBI and the New York Police Department also chose not to comment.
If convicted of first-degree or second-degree murder as an act of terrorism, Mangione could face life in prison without the possibility of parole, Bragg said. A conviction on a standard second-degree murder charge could lead to a sentence of 25 years to life.
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