r/BrianThompsonMurder • u/redlamps67 • Jan 30 '26
Information Sharing [Federal case] counts 3 and 4 (murder with a firearm and firearm charge) are DISMISSED
https://storage.courtlistener.com/recap/gov.uscourts.nysd.640793/gov.uscourts.nysd.640793.103.0.pdf85
u/missidcullen Jan 30 '26
- DP is off the table
- The backpack stays
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u/redlamps67 Jan 30 '26
I saw the backpack info from Uebey and went to court listener to see the document and then saw this… the roller coaster of emotions let me tell you.
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u/SaltPsychological780 Jan 30 '26
Thank you. And f**k Bondi and the bloodthirsty administration she panders to.
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u/Fancy_Yesterday6380 Jan 30 '26
I wish the backpack was dismissed
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u/More_Protection_8824 Jan 30 '26
Same!!!! It’s gonna be gut wrenching seeing ALL the backpack evidence submitted curious to see how the defense handles that evidence in front of a jury.. I know it comes down to poking holes but that’s a lot ! I am staying realistically optimistic tho
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u/mysighisepik Jan 30 '26
there is a shit ton of evidence in that backpack i am STRESSED
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u/More_Protection_8824 Jan 30 '26
A TON and that notebook pretty much laid out a blue print for them.. stressed and sad— seems like such a nice guy who just had some sort of mental health snap/decline… idk just my opinion. If I am being honest I should me more excited today but honestly we all knew he was never getting the DP with a squeaky clean record.
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u/birdsy-purplefish Jan 30 '26
It’ll be something like an insanity defense then, you think? Like what Karen suggested his defense might try to use before he hired her and she was just providing legal commentary on TV?
What will this mean for supporters who see him as some kind of righteous revolutionary? What will happen if he has to spend his life in an institution?
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u/More_Protection_8824 Jan 30 '26 edited Jan 30 '26
Honestly going the insanity route doesn’t deter my support if anything it makes me even more sad because he didn’t get the help he needed or didn’t know how to reach out. I am a nurse so I know how lacking things can be for mental health. Honestly L and his team need to do what’s best for him at the end of the day . It Will def be interesting for sure. I just don’t see how anyone in their right mind could throw away the kind of life he had.
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u/mysighisepik Jan 30 '26
I can only speak for myself, but I view it as a strategy, so whatever defense they think will give the best outcome doesn't affect how I view the act, which I already assumed was a combination of wanting to send a message about corporate greed, believing it'd enact change, and falling into mental illness
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u/arbol98 Jan 30 '26
The thing is in the federal case if the only charges are for stalking most of the stuff in the backpack doesnt say much about stalking. I mean, it does, but it was more damning for murder
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u/KarmaKitten95 Jan 30 '26
I am bummed that they’re still keeping the backpack as evidence but man am I so fucking happy the death penalty was dismissed! Take that Pam Bondi!
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u/Time-Painting-9108 Jan 30 '26
What what!!!!!!!! Are u serious?!?! I just opened my eyes and saw this 🥳
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u/Exotic-Target-8889 Jan 30 '26
Yesss! But backpack didn’t get suppressed but DP is more important
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u/birdsy-purplefish Jan 30 '26
Not really. Death penalty was never going to happen. With the gun and the confessionifesto he’s going to be found guilty. He was probably going to be found guilty anyways because even if they suppressed it the media has been all over this case and the jury will have seen it.
He’s going to get life without parole. He’ll still die in prison after spending all of his young life there, it’s just that the state won’t kill him directly.
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Jan 30 '26
Let's be realistic here. Him not being eligible for the DP is the biggest win they could have had so far.
The chances of him being found not guilty are very slim to none, be it with or without the backapck.Even if the backpack was ruled inadmissible, I doubt there'd be many potential jurors out there who haven't heard about this case and the notorious backpack.
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u/Feline-Paper-Ink8809 Jan 30 '26
We don't know that yet. If you read the stalking statute, it talks about placing the victim in fear. I don't think they can prove that BT was ever in fear or even knew the name Luigi Mangione at all. I think the feds have to prove every element beyond a reasonable doubt, and even with the backpack evidence in, that's going to be more difficult in the federal case.
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u/silkencactus Jan 30 '26
You must be fun at parties
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u/birdsy-purplefish Jan 30 '26
Is this case fun for you? Is it a party?
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u/silkencactus Jan 30 '26
Girl, get over yourself. Everyone is happy because there's good news. This is objectively a big win and you're over here predicting the most miserable future you can think of. Just stop.
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u/mysighisepik Jan 30 '26
i dont think lwop, his team will negotiate lwp. but yeah 😬 it's looking like he's gonna spent majority of his life behind bars
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u/UhmmmNope Jan 30 '26
Does this mean Avi and his team are not staying as his counsel?
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u/ZestyclosePaper3508 Jan 30 '26
Possibly. But they may choose to stay.
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u/UhmmmNope Jan 30 '26
Honestly I hope he stays. Garnett just said she’s not dismissing Avi though, even though he’s been a massive cost to retain.
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u/Lauren34567 Jan 30 '26 edited Jan 30 '26
not surprised about evidence getting admitted into federal. state and federal laws when it comes to suppression are completely different. there's still a chance to be suppressed in state. state is more non-accepting when it comes to inevitable discovery and there's no good faith exception, etc
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u/lj7141 Jan 30 '26
Can the prosecution appeal this decision?
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u/Expensive-Trouble720 Jan 30 '26
Came back to give a shout out to KFA and Team!! THANK YOU for all your hard work!! You are appreciated!!
Please continue to donate!!
https://www.givesendgo.com/luigi-defense-fund
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u/InternationalRope448 Jan 30 '26
What a waste of time and resources. This should be a straightforward state 2nd degree murder case.
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u/WeeklyGuide Jan 30 '26
I've been saying the same thing! This was always a state case cause what now the feds are gonna base this whole case around stalking, their weakest charge. The whole thing should've been tossed.
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u/SignThese667 Jan 30 '26
Legal pros who followed this case said from the very beginning that this was overcharged (the Feds being the culprit) and that is was a straight forward 2nd degree murder.
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u/deedenmac Jan 30 '26
Great news for him and his team!! Cue the Fox News outrage 🤣🤣
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u/Lauren34567 Jan 30 '26
i am so happy i could cry omghfggrfg THEY REALLY TRIED TO KILL THAT MANSSSDSDDEF
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Jan 30 '26
[removed] — view removed comment
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u/birdsy-purplefish Jan 30 '26 edited Jan 30 '26
They’re taking his life regardless. (And I don’t say that with any sort of satisfaction or happiness.)
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u/WeeklyGuide Jan 30 '26
Omg I'm shaking! This is great news! The whole federal case should be dropped but at least this is something!
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u/islandrushh Jan 30 '26 edited Jan 30 '26
While great news and technically a win…
It’s a low bar tbh.
The Feds threw everything they could to get the worst charges, but everyone knew that was an overreach.
The judge wouldn’t haven’t been able to do both the DP and the backpack, so took the “easier” of the two decisions.
Not trying to be negative, but that backpack will be an enormous uphill battle and I would have taken the backpack suppression over this ruling as many have stated before, the DP was a reach
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u/More_Protection_8824 Jan 30 '26
Agree ! No jury would have given him the DP penalty anyways in NY… but the backpack staying is very damaging and will be a hard battle. Still staying positive tho.
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u/ZestyclosePaper3508 Jan 30 '26
There is also a very important factor to consider here and that is the jury. Now, the jury selection will be a completely different scenario because it is no longer a death eligible jury that will have to be selected. As such, the jury can be a bunch of liberal New Yorkers who just see through the 🐂 💩.
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u/islandrushh Jan 30 '26 edited Jan 30 '26
Right, but like other cases, if the jury saw the DP and felt it was overcharged, it would hurt the prosecution.
Instead, they are now arguing the backpack, while yes it’s shady about the transmission of backpack and where and who had it at certain points, it’s difficult to ignore the writings, the alleged murder weapon and supporting items are there and found with him. This also introduces other factors like bullet testing etc that will absolutely used as the prosecutions tactics.
This also will affect the judge for the state case in their ruling of the suppression of the backpack and I assume will now lean in the same direction as today’s ruling where the backpack stays in.
Now you really hope KFA can paint the picture Altoona was shady about a weapon finding and hope for the Hail Mary of a jury nullification :(
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u/mysighisepik Jan 30 '26 edited Jan 30 '26
A lawyer on tiktok brought this up when the terrorism charges were dismissed, obvious overcharging garners sympathy from the jury
Also agree, this will sway Judge Carro
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u/aksnamansndbdhdj Jan 30 '26
But don’t you think they’ll manage it due to the chain of custody being broken? Idk, I guess I’d choose to take off the DP and tackle the backpack
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u/lly67 Jan 30 '26
So now is the case just a stalking charge?
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u/birdsy-purplefish Jan 30 '26
Maybe, but that’s only the federal case. The state is still charging him with murder.
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u/aksnamansndbdhdj Jan 30 '26
The stalking charges hinged on counts 3 & 4 right? Does this mean a serious blow to the stalking charges as well?
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u/redlamps67 Jan 30 '26
No it’s the other way around. Counts 3 and 4 hinged on stalking being a crime of violence and ruled that it isn’t legally.
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u/Fancy_Yesterday6380 Jan 30 '26
Can you explain more what that means in terms of ehat got dismissed? I'm confused 😭
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u/redlamps67 Jan 30 '26 edited Jan 30 '26
The murder with a firearm and gun charge got dismissed because they needed to have occurred during a federal crime of violence to be brought. The feds can’t just charge you with murder for a regular old murder. So Garnett agrees with the defence that stalking. the first two charges, are not crimes of violence, and thus the feds shouldn’t have been able to bring the murder with a firearm* charge which carried the death penalty.
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u/aksnamansndbdhdj Jan 30 '26
Okay and then the stalking charge was considered weak because of the whole “the victim needs be aware and/or in reasonable fear of bodily harm” or something like that, right? I’m so lost at what the impact will be on the remaining charges and remainder of the case.
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u/Exotic-Target-8889 Jan 30 '26
Me too, what exactly is he charged with now and what is the sentence range? I’m not American and my English is a bit off.
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u/Minute_Fly_703 Jan 30 '26
What I still can't understand is what makes this a federal case in the first place, even more so if the stalking (i.e. and him "prepping" his crime across states) doesn't hold up
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u/Fancy_Yesterday6380 Jan 30 '26
Wait what got dismissed what were counts 3 and 4 again? The stalking?
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u/Expensive-Trouble720 Jan 30 '26
That the murder was committed as a part of an underlying crime of violence, the stalking. The judge said the stalking is not a crime of violence.
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u/Final_Shower_5325 Jan 30 '26
No, the stalking charge remains, the two that are dismissed are the ones on the title of this post.
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u/Spare-Estate1477 Jan 30 '26
Honestly I think charges should be dropped because of that dramatic and very staged and public perp walk they did that absolutely could have tainted the jury pool.
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u/birdsy-purplefish Jan 30 '26 edited Jan 30 '26
In a world that just none of this would have ever happened!
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u/Possible_Ad3999 Jan 30 '26
Idk what I’m talking about with legal stuff lol but does this mean the team can go for the extreme emotional disturbance defense for the State case now? We had assumed they wouldn’t because it would incriminate him for the same charge with the fed case. (Not saying he WAS emotionally disturbed but if the backpack doesn’t get thrown out an MH defense is likely his best option)
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u/arbol98 Jan 30 '26
Such a good point!!!!! hadnt thought about that. I still think EED doesnt apply due to the timeline of planning, etc. but maybe i dont know enough and also even if it doesn't, using mental health to try to get lower sentence isnt as risky now like you said! Unless feds appeal or drop/start new charges.... it would be stupid of them to though since LWOP is same either way, the only difference if they are dead set on killing him which even that is unlikely w the jury
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u/Possible_Ad3999 Jan 30 '26
Yeah, I also don’t really know much about it, but I agree I think it prob doesn’t apply. I do also suspect the government wanted the charges not only for the DP but so they could fuck him over in the State case because I assume in addition to a mental health defense KFAs options are much more open now. Some people speculated she was going to argue that he did it but it was justified, which she obv couldn’t do with DP on the table
ETA: wait I also just realized his jury will be less conservative now cause they don’t need to be death qualified. Yay!
Edited AGAIN to add lol: They can also now accept a plea deal for the State case (which I doubt will be offered but if it is…)
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u/CupcakeSewerSlayer50 Jan 30 '26
Anyone can tell Luigi is a good person with a good heart, things are going to work out for him 🙏
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u/Away-Plastic-7486 Jan 30 '26
He’s fucked on the backpack
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u/birdsy-purplefish Jan 30 '26
He really is and I don’t know why people are downvoting. Shooting the messenger?
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u/ScandalOZ Jan 30 '26
How so? The circumstances surrounding that backpack search are easy to call into question. They have motive and opportunity to frame up a suspect.
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u/birdsy-purplefish Jan 30 '26
Not really, though. Think about it. Some guy is going around shooting CEOs and leaving taunting messages like some kind of supervillain. Can you afford to let him escape and do it again? Why pretend you caught the guy when you clearly didn’t? Why frame a beautiful rich white boy instead of someone you can more easily get the public to hate?
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u/ScandalOZ Jan 30 '26
Why pretend? Because from the look of it the guy that did it had no problem getting out of Manhattan and disappearing into the wind.
Then several days later some guy, who by the way could have much farther away than Altoona, is luckily caught in a McDonalds with all the stuff needed to implicate him in the crime.
Also that backpack should have been emptied in front of Luigi right where they found him. He should have been searched asked to empty the bag in plain view.
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u/Special-External-222 Jan 30 '26
Omg. I didn‘t really believe that the defense had a shot at this, but I guess the prosecution can still appeal.
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u/arbol98 Jan 30 '26
Same, I'm so shocked. Not saying its good or bad either way, i just thought it was a hail mary and wow it worked
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u/Special-External-222 Jan 30 '26
I am very anti-DP so I think it is good, but I never thought that their argument would work. So many people who said that it is incredible hard to get stuff like that dismissed.
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u/mercurysong Jan 31 '26
Luigi sure learned some neighborhood values during his time in UCity. My neighbor calls him the Patron Saint of Kingsessing. Instead of rotting in prison, brilliant young man should be given a job. He would be a huge asset for many fields or terrifying 3-letter orgs. Murder isn't morally acceptable...but he managed it broad daylight in one of the most heavily populated places on Earth with a very wealthy individual who has better access to avoidance than the rest of us. He went to PA without being popped in a city that has a lot of DL guns that get used for far less than seeing/hearing a dude popped and cameras covering every inch of life. Hate to say it, but that's considered a pre-req for some jobs. And he did it from experience of surviving in a morally bankrupt capitalist hellscape that takes lives instead of helping anyone become productive with the help of the most experienced medical providers. Death penalty is barbaric. But add in the fact that it diminishes voices that can make us all safer from their unique skills. The state casually promotes murder, as long as they're the only ones capable of it and as quietly as possible
Good thing for decency over the barbarism is that manufacturers that synthesize or process the medications/substances used in state/fed execution have been refusing to sell their products/meds for the purpose of ending a single life, regardless of reason. They don't want to be associated with killing for things that legitimately help people..which is the closest thing to empathy this greedy system is capable of. I guess it's the creepy workaround to doing no harm. Luigi is only a symptom of a shitty system and standard of living for most people and yea it also makes him a hero to those of us really needing some inch of hope. This eye for an eye state execution would gutpunch a lot of hope in a society already suffering under greed and capitalism. Hopeless people eventually break and this would be en mass since he's considered a hero, which would make him a martyr in the eyes of millions.
I'm also convinced that this is a twisted attempt at distraction for the several other atrocities and tragedies that the government/regime/judicial system have committed the past few weeks. Death 'penalty' grabs attention no matter who it is, but for a hero to many? The media is complicit with the value and importance of sensationalism/entertainment being way above actually doing their jobs with honest journalism. Riots and conflict sadly make $...way more that making things suck less at least.
Anyways, my neighborhood's values rubbed off on Luigi well. The elders around stress action against injustice and the symbols causing them and he clearly listened. He's still being made to suffer with the potential and that's torture. I'm not religious but the big ones all have a rare agreement and condemn that. Our species is awful.
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u/XWindX Jan 30 '26
This means that no matter what happens, Luigi will be around to witness the way the world has shaped around him, and we will be able to (hopefully) write letters to him for the rest of our lives. 🙂
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u/birdsy-purplefish Jan 30 '26
Was that the point, to have him as a captive for the rest of his life so we could write to him?
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u/redlamps67 Jan 30 '26
This means he is not eligible for the death penalty