(Dec 11): New York authorities are moving to have the man accused of murdering UnitedHealth Group Inc executive Brian Thompson sent back to the state from Pennsylvania, kicking off the lengthy process to prosecute Luigi Mangione.

After charging him with murder and weapons offences late on Monday, New York now needs to get Mangione returned to the state to face prosecution, which could take weeks. Authorities are also expected to convene a grand jury as a next step in pursuing Mangione.

Mangione is the suspected gunman in the Dec 4 shooting of Thompson, 50, outside the Hilton Hotel in Midtown Manhattan as he walked to where UnitedHealth Group was holding its annual investor conference.

The process of bringing Mangione to New York began when authorities there issued an arrest warrant for him, hours after officers in Altoona, Pennsylvania, arrested him. He was charged in Pennsylvania with crimes including carrying an unlicensed gun and fake identification. Court documents posted on Monday indicated that he faces New York charges of murder, criminal possession of a weapon and possession of a forged document.

In New York, a conviction for second-degree murder carries a sentence ranging from 15 to 25 years to life in prison. The charge is a Class A felony, the most serious type of crime under New York state law, and is defined as an intentional killing that shows “depraved indifference to human life”.

Stacey Witalec, a spokesperson for the Pennsylvania courts system, said in an email on Tuesday morning that she had no information on extradition proceedings and would send out details as soon as they’re available. Mangione wasn’t represented by a lawyer during a preliminary arraignment on Monday night and was advised of the process for securing a public defender if needed, she said. He was advised of the state’s charges and didn’t enter a plea, she said.

A woman who answered the phone at the Blair County public defender’s office said Mangione hadn’t applied for representation yet. He is being held in the Blair County Prison without bail pending a Dec 23 court hearing before Judge Benjamin F Jones, unless the extradition process is expedited.

Extradition process

New York authorities will now need to issue an extradition warrant to seek Mangione’s transfer to Manhattan to face murder charges. New York governor Kathy Hochul would have to formally make that request to the governor of Pennsylvania.

Mangione could speed up the process if he agrees to be sent to New York. If he decides to fight extradition, it could take weeks.

“Depending on whether or not Mr Mangione waives extradition and agrees to be brought to New York, he could be in New York state court by the end of this week,” said Marvyn Kornberg, a veteran criminal defense lawyer.

At the Dec 23 hearing, prosecutors must show enough evidence that a crime was committed and that Mangione committed the offence. That process could move faster, depending on the extradition process.

If he waives the process, Mangione would be taken into custody by the New York Police Department and brought to New York. He would get an arraignment hearing with a state judge, where he would enter a plea of guilty or not guilty.

Grand jury

The Manhattan district attorney’s office would then present evidence in secret to a group of about 16 to 23 people, known as a grand jury. The panel will hear testimony from witnesses, see evidence offered by prosecutors and vote in secret on whether to charge Mangione in an indictment.

The judge will also decide whether to grant bail, although it’s unlikely Mangione, who was arrested after a five-day manhunt by authorities, would be released.

The judge’s decision on bail depends on facts like the seriousness of the crime, a suspect’s prior criminal record, his ties to the community and whether he’s considered a danger to the community or a flight risk.

If he is denied bail, Mangione would probably be held in the notorious Rikers Island jail in New York.

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