Mr Mangione is facing 11 state criminal counts in New York, including first-degree murder and murder as a crime of terrorism.
If convicted of all the counts, he would face a mandatory sentence of life in prison without the possibility of parole.
Federal prosecutors have also separately charged Mr Mangione for using a firearm to commit murder and interstate stalking resulting in death. Both charges could make him eligible for the death penalty.
Stalking: Interstate via traveling from Georgia to New York
Stalking: Interstate via use of a cellphone and the Internet
New York State doesn’t have capital punishment. So I think that it’s the interstate aspect that made it federal jurisdiction and thus a capital crime. Otherwise, he’d just be facing life in prison without possibility of parole.
Hmm. That’s a good question; I don’t know of a legal doctrine that does that. But it’s three counts – one in the first degree, and two in the second degree.
kagis
I can’t find someone discussing this case in particular in a quick couple searches, but this does have another case — a policeman who killed a single person — who was charged with multiple counts of murder as well.
This is Illinois state law, but I’d guess that it probably works the same way elsewhere.
I was reading about the murder of Sonya Massey by an Illinois police officer and saw that he’s been charged with three counts of first degree murder. I suppose what confuses me is that there was only one victim. Why do some states apply multiple murder charges when there is only one victim? Intuitively that seems odd.
It’s probably three different theories of the crime. The Illinois Murder 1 statute does have 3 theories:
Sec. 9-1. First degree murder.
(a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
(1) he or she either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or
(2) he or she knows that such acts create a strong probability of death or great bodily harm to that individual or another; or
(3) he or she, acting alone or with one or more participants, commits or attempts to commit a forcible felony other than second degree murder, and in the course of or in furtherance of such crime or flight therefrom, he or she or another participant causes the death of a person.
Each theory that the prosecutor thinks applies needs to be charged. (You can’t convict someone of something you forgot to charge them with.) They do this in case one theory ends up falling through. Maybe they think it was intentional, but if they can’t prove it was intentional, they think they can definitely prove that he knew there was a strong probability of death, and if they can’t prove either of those mental states, they think they can still prove that it happened during the commission of a felony. (I don’t know the facts of this case so I’m just speaking in generalities/hypotheticals.)
But even if he were convicted of all 3, the counts would merge and the sentence would not be 3x as long.
goes looking for the charges
https://en.wikipedia.org/wiki/Killing_of_Brian_Thompson
https://www.bbc.com/news/articles/cwypvd9kdewo
https://en.wikipedia.org/wiki/Luigi_Mangione
New York State doesn’t have capital punishment. So I think that it’s the interstate aspect that made it federal jurisdiction and thus a capital crime. Otherwise, he’d just be facing life in prison without possibility of parole.
Wait, how is it two counts of murder? Are CEOs worth double points?
Hmm. That’s a good question; I don’t know of a legal doctrine that does that. But it’s three counts – one in the first degree, and two in the second degree.
kagis
I can’t find someone discussing this case in particular in a quick couple searches, but this does have another case — a policeman who killed a single person — who was charged with multiple counts of murder as well.
This is Illinois state law, but I’d guess that it probably works the same way elsewhere.
https://old.reddit.com/r/Ask_Lawyers/comments/1eiev8h/three_murder_charges_for_killing_one_person/
We in America are immune from double jeopardy, yes, but what about triple jeopardy?
Also very interesting to see that the federal government is all worked up when a firearm (gasp) is used to hurt some rich dirtbag.
a cop is one point. a ceo is 2 points. a horrible politician is three. and of course, the goal is to get the most points
It pisses me off that he can get charged si much for one potential crime. How can he get TWO counts of 2nd degree if it’s one murder?
He should’ve did whatever Kyle Rittenhouse did.
Be a right winger.
Hard to do that when you’re killing a CEO. Right wingers are known more for how badly they want to lick their boots. :/