A judge has thrown out the top counts in Luigi Mangione’s state murder case — rejecting claims that the accused killer can be charged as a terrorist — in a huge blow to prosecutors.

In a ruling released Tuesday, Judge Gregory Carro tossed charges of murder in the first degree as an act of terrorism and murder in the second degree as a crime of terrorism against the 27-year-old Ivy League grad.

The judge did keep alive Mangione’s other second-degree murder charge for allegedly executing UnitedHealthcare CEO Brian Thompson in cold blood outside the health care company’s investor conference on Dec. 4, 2024.

Luigi Mangione appears in court Tuesday morning over the killing of UnitedHealthcare CEO Brian Thompson. Steven Hirsch

Luigi Mangione arriving in court on Tuesday, September 16, 2025. AFP via Getty Images

Luigi Mangione in court on Tuesday, September 16, 2025. Steven Hirsch

“The People presented sufficient evidence that the defendant murdered Brian Thompson in a premeditated and calculated execution. That does not mean, however, that the defendant did so with terroristic intent,” Carro wrote in his decision.

The ruling means that Mangione still faces 25 years to life in the state case, but not the 25 years to life without the possibility of parole that he had been facing. 

Luigi Mangione is accused of killing UnitedHealthcare CEO Brian Thompson. REUTERS

Mangione also still faces separate federal charges that carry a possible death penalty.

Carro announced the bombshell ruling during a 15-minute hearing in Manhattan Supreme Court that Mangione attended wearing a tan prison outfit over a maroon shirt.

A Luigi Mangione supporter in court on Tuesday, September 16, 2025. REUTERS

As he was led out of the room in handcuffs, the scion of a wealthy Baltimore family raised his eyebrows while looking toward two dozen of his supporters, mostly young women, seated in the back of the courtroom gallery.

Carro’s tossing of the top charges comes after some legal experts told The Post in December that it was a “reach” to charge Mangione as a terrorist.

Luigi Mangione writes notes in court on Tuesday, September 16, 2025. via REUTERS

Manhattan District Attorney Alvin Bragg was “wildly overcharging” Mangione in an attempt to make a “great headline,” veteran defense attorney Ron Kuby said at the time.

Murder in the first degree is typically charged in cases involving victims who are law enforcement members or possible witnesses to crimes. 

Luigi Mangione still faces federal charges in the case. via REUTERS

Bragg’s office had argued that Mangione should be considered a terrorist because he meant to kill Thompson to “intimidate or coerce a civilian population” — a claim that the judge rejected Tuesday.

Supporters stand in solidarity with Luigi Mangione outside the courthouse on Tuesday, September 16, 2025. Robert Miller

“The defendant’s apparent objective, as stated in his writings, was not to threaten, intimidate, or coerce, but rather, to draw attention to what he perceived as the greed of the insurance industry,” Carro wrote.

Supporters hold signs for Luigi Mangione outside a Manhattan courthouse on Tuesday, September 16, 2025. Getty Images

The University of Pennsylvania grad is due back in court on the state case on Dec. 1.

Surveillance footage outside the Midtown Hilton Hotel showing Brian Thompson being shot. Obtained by NY Post

 A DA’s Office spokesperson said in a statement Tuesday, “We respect the Court’s decision and will proceed on the remaining nine counts, including Murder in the Second Degree.”

Mangione is also due back in court on Dec. 5 in the federal case, in which US Attorney Pam Bondi has announced plans to take the rare step of asking for the death penalty.