PHILADELPHIA – The suspect in the killing of the UnitedHealthcare CEO plans to fight extradition to New York to face murder charges, but officials hope to get him back with what’s called a governor’s warrant.
The process could happen quickly or take more than a month. New York Gov. Kathy Hochul's office on Wednesday had not yet asked Pennsylvania for the warrant after murder charges were filed against Luigi Mangione late Monday in New York.
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In the meanwhile, Mangione is being held without bail in western Pennsylvania in the killing of Brian Thompson. He was captured Monday morning while eating breakfast at a McDonald's in Altoona. Authorities said he was carrying a gun, mask and writings linking him to the slaying.
Here's what you need to know about the extradition process:
What is a governor's warrant?
It's a warrant signed by the governor of a state where a fugitive flees after a crime. The governor in that state acts upon an official request from the governor of the state where the crime occurred. In this case, Hochul is expected to seek a governor's warrant from Pennsylvania Gov. Josh Shapiro.
What proof does the Pennsylvania governor need before signing?
New York must show that the suspect has been named in an indictment, an information or, as in Mangione's case, an arrest warrant based on a police affidavit. Shapiro has spoken with Hochul and “is prepared to sign and process it promptly as soon as it is received,” a spokesperson said Wednesday.
When will New York send the request?
Gov. Hochul's office had not sent the request as of Wednesday. She could decide to wait for Mangione to be indicted. That could happen fairly quickly if prosecutors present their evidence to a grand jury. Under Pennsylvania law, he can be held for 30 days while authorities seek a governor's warrant.
What happens if a governor's warrant is issued?
Mangione must be brought before a Pennsylvania judge to confirm that he is the person being sought in New York. That link could be made by matching his fingerprints or DNA to any found at the scene or otherwise confirming that he is the person named in the warrant.
Will Mangione go willingly?
No, he plans to fight the extradition, according to an Altoona lawyer representing him in the early court hearings, including one Tuesday, when Mangione was denied bail. Still, it’s not easy to avoid being extradited to another state. Prosecutors mostly just need to show that they have the right person in custody on the charges from the other state.
How long will all this take?
In some cases, suspects can be extradited in a matter of days. But the process can drag on for several months if the defense challenges it. As of Wednesday, authorities in New York did not appear to be rushing. To fight extradition, Mangione must file a petition in Pennsylvania by Dec. 24.
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Associated Press writers Michael R. Sisak in New York City, Anthony Izaguirre in Albany, New York, and Marc Levy in Harrisburg, Pennsylvania, contributed to this report.