The public remains curious about the significance of a potential witness in the case of suspected shooter Luigi Mangione and the death of UnitedHealthcare CEO Brian Thompson.
Mangione, 26, was arrested on Monday at a McDonald’s in Altoona, Pennsylvania, and is facing a murder charge in Thompson’s death, but security camera footage of the December 4 New York City shooting captures another person near the scene of the crime.
The New York Police Department (NYPD) has yet to comment on whether the potential witness has been identified or questioned in the shooting. Newsweek has contacted the NYPD by email for comment but has not heard back as of publication time.
Newsweek, meanwhile, spoke with two lawyers about the impact an eyewitness in this case could have in determining Mangione’s guilt.
Neama Rahmani, the president and co-founder of West Coast Trial Lawyers and prominent legal commentator, told Newsweek in an email that “the eyewitness testimony isn’t critical.”
“The ballistic, fingerprint, and DNA evidence all put Mangione at or near the scene of the murder. There is video of him [allegedly] killing Thompson and his manifesto explains his motive,” he said. “Video is generally better than eyewitness testimony, so there is a mountain of evidence pointing to Mangione being the triggerman. His only real chance at trial is jury nullification due to sympathy or anger toward health insurance companies.”
Michael McAuliffe, a former federal prosecutor who has practiced law for 30 years, had a similar sentiment.
“Any potential direct witness to a murder is important. Identifying that witness is the first challenge. It’s unclear whether that person will or even wants to come forward,” McAuliffe told Newsweek via email. “In the Mangione prosecution, a wealth of evidence likely already exists linking the defendant to the murder of CEO Brian Thompson. This evidence includes firearm ballistics (casings) and written statements [allegedly] of the defendant.”
He added: “As such, having an eyewitness would help tell the story of the crimes, but it’s not essential in this particular case because of the quantum of other evidence including the video.”
Jeff Swensen/Getty images
The motive for Mangione’s alleged fatal shooting of Thompson may also be tied to the words “deny,” “defend,” and “depose,” which were written on the bullets used in the murder.
These phrases are often linked to alleged tactics used by insurance companies to avoid paying claims, echoing the title of the 2010 book Delay, Deny, Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It.
NYPD Chief of Detectives Joseph Kenny told NBC New York on Thursday that Mangione was not a United Healthcare client but may have targeted the insurance company because of its size and influence.
“We have no indication that he was ever a client of UnitedHealthcare, but he does make mention that it is the fifth largest corporation in America, which would make it the largest healthcare organization in America,” Kenny said. “So that’s possibly why he targeted that company.”
Mangione is due back in a Pennsylvania court on December 30. He was denied bail during a December 11 court appearance and contested his extradition to New York, and is planning to plead not guilty, according to his lawyer.
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