NEW YORK (AP) — A New York judge on Tuesday threw out terrorism charges against Luigi Mangione, rejecting the Manhattan district attorney’s theory in a state murder case that the killing of UnitedHealthcare CEO Brian Thompson was “intended to evoke terror.”

Judge Gregory Carro kept other charges in place, including a second-degree murder count that requires prosecutors to prove Mangione intended to kill Thompson but not that he was doing so as an act of terrorism.

The ruling eliminated the top two charges in Mangione’s state case, sparing him the possibility of a mandatory life sentence without the possibility of parole. The 27-year-old Ivy League graduate is also facing a parallel federal death penalty prosecution. Carro said the defense’s argument that the dueling prosecutors amounted to double jeopardy was premature.

Mangione, a cause célèbre for people upset with the health insurance industry, appeared in good spirits and raised his eyebrows at supporters as police officers led him out of the brief hearing after Carro issued his ruling.

In a written decision, the judge said that although there isn’t any doubt that Thompson’s killing last December was no ordinary street crime, state law in New York doesn’t consider something terrorism simply because it was motivated by ideology.

“While the defendant was clearly expressing an animus toward UHC, and the health care industry generally, it does not follow that his goal was to ‘intimidate and coerce a civilian population,’ and indeed, there was no evidence presented of such a goal,” Carro wrote.

The judge also said there was insufficient evidence that Mangione intended to influence or affect government policy by intimidation or coercion — another element of the terrorism charges. He noted that federal prosecutors hadn’t charged Mangione with terrorism offenses even though the federal terrorism statute was a model for the state law.

But in keeping the second-degree murder charge, Carro ruled there was sufficient evidence that Mangione “murdered Brian Thompson in a premeditated and calculated execution.”

That charge carries a potential penalty of 15 years to life in prison, with the possibility of parole.

Afterward, Mangione lawyer Marc Agnifilo told TMZ: “It’s a big win and it’s the first of many.”

Manhattan District Attorney Alvin Bragg’s office issued a brief statement, saying, “We respect the Court’s decision and will proceed on the remaining nine counts.”

Carro scheduled pretrial hearings in the state case for Dec. 1, just days before Mangione is next due in court in his federal case.

Mangione handcuffed and shackled for court appearance

Mangione, who has been locked up since his arrest, arrived in court in beige jail garb, handcuffs and ankle shackles. Making his first appearance in Carro’s courtroom since February, he was mostly silent, quietly conferring with his lawyers as the judge outlined his decision.

Echoing the scene at his last hearing, a few dozen supporters — mostly women — packed three rows in the rear of the courtroom gallery. Some were dressed in green, the color worn by the Mario Bros. video game character Luigi. One woman sported a “FREE LUIGI” T-shirt. Across the street from the courthouse, cheers erupted from a pro-Mangione rally as news spread that the judge had dismissed his terrorism charges.

Mangione pleaded not guilty late last year to multiple counts of murder, including murder as an act of terrorism. Surveillance video showed a masked gunman shoot Thompson from behind on Dec. 4, 2024, as the executive arrived at a midtown Manhattan hotel for his company’s annual investor conference. Police say the words “delay,” “deny” and “depose” were scrawled on the ammunition, mimicking a phrase commonly used to describe how insurers avoid paying claims.

Mangione was arrested five days later in Altoona, Pennsylvania, about 230 miles (370 kilometers) west of New York City.