The third count accused Mangione of the murder of Thompson through the use of a firearm during that alleged stalking. That count, which the judge tossed out, would have made Mangione eligible for a possible death sentence. The fourth count, which was also dismissed, accused Mangione of the use of a firearm equipped with a silencer during the stalking.
A police search of that backpack initially found a loaded gun magazine, and then later a handgun, a silencer, and a red notebook, among other items. Mangione’s attorneys had argued that the search was not legally valid.
