NEW YORK (WABC) -- Luigi Mangione returned to court in Lower Manhattan on Tuesday morning where the judge tossed out two counts of murder as a crime of terrorism.

Judge Gregory Carro said the evidence presented to the grand jury was insufficient to support the charge.

While the terrorism charge was dismissed, Mangione still faces a second-degree murder charge - which carries the possibility of life in prison -- in connection with the fatal shooting of United Healthcare CEO Brian Thompson.

"The People presented sufficient evidence that the defendant murdered Brian Thompson in a premeditated and calculated execution. That does not mean, however, that the defendant did so with terroristic intent," Carro's opinion said.

Following a brief sidebar, both sides agreed hearings in the case wil

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