(NEW YORK) — A judge dismissed two murder charges related to acts of terrorism as Luigi Mangione, the accused killer of UnitedHealthcare CEO Brian Thompson, made his first Manhattan courtroom appearance in five months on Tuesday.

Judge Gregory Carro tossed out the most severe charge, first-degree murder, accusing Mangione of murder as a crime of terrorism.

The judge said the evidence presented to the grand jury was insufficient to support the terrorism charge.

Carro also tossed a second-degree murder charge, related to killing as an act of terrorism.

The rest of the indictment remains, with the judge refusing to dismiss another second-degree murder charge, to which the accused killer has pleaded not guilty.

Mangione will be tried in state court on a charge of intentional murder in con

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