(NEW YORK) — The federal charge that makes accused killer Luigi Mangione eligible for the death penalty must be dismissed because it does not meet the legal threshold, his defense attorneys argued in a new court filing.

Mangione has pleaded not guilty to federal charges that accuse him of shooting and killing United Healthcare CEO Brian Thompson in December of 2024.

Federal prosecutors allege Mangione stalked Thompson in Manhattan, where the executive was due to attend an investor conference at the New York Hilton Midtown. Mangione allegedly waited for Thompson to pass by and then shot him at close range.

“It is clear that, in its generic form, this crime can be committed without the use, attempted use, or threatened use of physical force against the person or property of another,” the

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