Lawyers for Luigi Mangione, the man accused of killing UnitedHealthcare CEO Brian Thompson, asked a judge to dismiss some criminal charges brought against him in a federal indictment, including the only count for which he faces the death penalty.

In court documents filed Oct. 10, Mangione’s lawyers argued that prosecutors should also be barred from using some statements that he made to police before he was arrested. They also included evidence found inside his backpack, including a gun and ammunition. The lawyers say police did not read Mangione his Miranda rights before questioning him and searched his backpack before obtaining a warrant.

The argument relies on body camera footage taken in the minutes before Mangione was arrested inside a Pennsylvania McDonald's in December 2024.

Mangione, 27, pleaded not guilty in April on four federal charges: a weapons offense, murder through the use of a firearm and two counts of stalking.

His lawyers asked the federal judge to dismiss the firearm-related charges, which carry a possible death sentence.

U.S. Attorney General Pam Bondi instructed the Justice Department in April to pursue the death penalty against Mangione. At the time, Mangione’s lawyer called the move political and said he would fight the charges.

In September, a judge in a separate New York state case against Mangione dismissed terrorism-related charges, stating that the evidence was insufficient. Mangione still faces a charge of second-degree murder in the state case and gun possession and other charges in Pennsylvania.

Mangione is accused of fatally shooting Thompson, the health care CEO, outside of his Manhattan hotel in December, before fleeing on a bike. Days later, an employee at a Pennsylvania McDonald’s called police after recognizing Mangione from images police released of the suspect. Authorities questioned Mangione and took him into custody.

A date has not yet been set for Mangione’s federal trial.

This article originally appeared on USA TODAY: Luigi Mangione's lawyers seek dismissal of federal death penalty charge

Reporting by Karissa Waddick, USA TODAY / USA TODAY

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