Luigi Mangione case: If stalking and assault aren't 'crimes of violence,' death penalty vanishes

Luigi Mangione's fate could hinge on a legal technicality as his defense team argues that a recent federal court decision could potentially pull the rug out from under the Justice Department's murder charge.

In the new filing, Mangione's lawyers cited the Ninth Circuit's Jan. 13 decision in United States v. Gomez - which found that a California law on assault with a deadly weapon does not meet the "crime of violence" threshold due to legal technicalities. The panel found that armed assaults can be committed recklessly, meaning the defendant should have known the act carried a risk of danger, not just purposefully, meaning the defendant intended to harm the victim.

In Mangione's case, the underlying alleged "crime of violence" is stalking.

"It's like a series of dominoes - the only way that the federal government can get to a death penalty charge in their case is if the murder was committed during the course of a violent felony," said Joshua Ritter, a Los Angeles criminal defense attorney and Fox News contributor. "And the reason that they need that is because they need what's called a federal hook to get them federal jurisdiction. So the way that they get that hook is through the stalking."

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Mangione is accused of stalking UnitedHealthcare CEO Brian Thompson across state lines, then gunning him down outside a New York hotel hours before he was supposed to meet with company shareholders for a business conference.

While in this case the alleged stalking did lead to violence, Ritter said that the defense only needs to convince that court that the crime of stalking as a whole can sometimes be committed without violence in order for the legal argument to work.

"He's got a hell of a defense team, and they're making some very interesting arguments," he told Fox News Digital.

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The defense told the New York judge that the Gomez decision supports dismissing the murder charge because the underlying stalking allegation does not meet the definition of a "crime of violence."

The Ninth Circuit's en banc decision isn't binding in the Southern District of New York, where Mangione faces federal charges, said Donna Rotunno, a Chicago-based criminal defense attorney and Fox News contributor.

"[The defense] will argue that it doesn't matter, that stalking doesn't necessarily mean it will lead to murder, therefore it should not be used to enhance the murder charge for purposes of federal court and the death penalty," Rotunno said.

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Thompson, a 50-year-old father of two, lived in Minnesota. Video shows a gunman approach him from behind and open fire before fleeing the scene.

Without an underlying violent crime, the federal murder charge that depends on it should be thrown out entirely - and the potential death penalty with it, according to Mangione's lawyers.

According to the prosecution, the reason for the stalking was to allegedly carry out a politically motivated assassination.

"No other purpose," Rotunno said.

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The Ninth Circuit has a reputation for being one of the country's most liberal federal appellate courts, and many of its decisions reach the Supreme Court, according to legal experts. The Gomez decision came down days after Mangione's lawyers and federal prosecutors squared off in court to deliver oral arguments on the issue. His team filed a supplemental brief hoping to add weight to their arguments.

It's unclear how the judge will rule, but other legal experts are skeptical.

"They are the most liberal circuit court in the land," said David Gelman, a Philadelphia-area defense attorney. "They also have the highest overturn rate out of all the circuits."

The filing may be a stretch, he said.

"The argument literally is backwards," he told Fox News Digital. "You don't stalk someone and say, 'Oh, hey, I'm just having fun.' You stalk someone with the intent to harm."

Mangione is due back in federal court on Friday. He also faces state-level charges in New York and Pennsylvania in connection with the case.