Does New York have the death penalty? Prosecutors in Luigi Mangione directed to seek capital punishment

Luigi Mangione, accused of fatally shooting Brian Thompson, CEO of UnitedHealth Group's insurance division, in New York last year, is now facing the death penalty. According to Reuters, dated April 1, 2025, this decision was directed by U.S. Attorney General Pamela Bondi. Federal prosecutors have been instructed to pursue capital punishment following a federal indictment in Manhattan that allows for this possibility.

No, the death penalty remains outlawed for state cases in New York since 2004, while federal law continues to allow its application under specified conditions.

State prosecutors accept Luigi Mangione's plea of not guilty to murder, acts of terrorism, and weapons charges. Life imprisonment without parole stands as the maximum possible sentence if these convictions are successful. However, the federal indictment allows prosecutors to seek the death penalty, as reported by Reuters on April 1, 2025.

After a federal court conviction, the legal process moves to death penalty sentencing. All jurors must agree for death to become the punishment choice.

During the UnitedHealth Group investor conference in the Midtown Manhattan hotel, CEO Brian Thompson suffered fatal wounds from an outside hotel shooting on December 4. According to The New York Post, dated April 1, 2025, authorities declared the assassination a thoroughly planned "cold-blooded premeditated" execution that Mangione orchestrated.

The highly public position Thompson held, along with how the murder unfolded, contributed to the widespread media attention this case received across the nation.

The search for Mangione ended after five days when Pennsylvania authorities detained him in Altoona on December 9. Law enforcement officers located Mangione carrying a snitched-up 9-millimeter pistol. He was also wearing the same clothing depicted in surveillance videos. Officers recovered his handwritten plan to hit an insurance executive.

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Luigi Mangione faces possible federal death penalty despite New York's ban

Attorney General Bondi emphasized that the decision to seek capital punishment was made after careful consideration.

"Luigi Mangione's murder of Brian Thompson—an innocent man and father of two young children—was a premeditated, cold-blooded assassination that shocked America," Bondi stated.

She continued:

"After careful consideration, I have directed federal prosecutors to seek the death penalty in this case as we carry out President Trump's agenda to stop violent crime and Make America Safe Again."

Bondi's announcement followed her decision on February 5 to lift a moratorium on federal executions. This moratorium had been imposed in 2021 by former Attorney General Merrick Garland under President Joe Biden's administration.

As reported by Law Justia on June 24, 2004, New York formally abolished the death penalty in 2004 after the state's highest court ruled it unconstitutional. The last execution in the state took place in 1963. Since then, all death sentences in New York have been overturned, and no one has been executed under modern state laws.

The decision to eliminate capital punishment was driven by concerns about wrongful convictions and the high cost of maintaining a death row system. However, federal law still allows the death penalty, which is why Luigi Mangione faces the possibility of execution if convicted in federal court.

Alleged Killer Luigi Mangione Is Arraigned On New York State Murder Charges - Source: Getty

Luigi Mangione remains in federal custody at the Metropolitan Detention Center in Brooklyn. His legal team has not yet issued a detailed statement in response to Bondi's directive.

The federal and state cases will proceed separately, with federal prosecutors seeking the death penalty while state prosecutors aim for a life sentence without parole, according to a report published by Reuters on March 30, 2025.

If the federal case moves forward, a lengthy trial process is expected, including extensive evidence presentations and witness testimonies. A final decision on his fate will ultimately rest in the hands of a jury.