The state terrorism charges against Luigi Mangione over the cold-blooded assassination of UnitedHealthcare CEO Brian Thompson were tossed Tuesday morning, but the judge kept the second-degree murder charges against the Ivy League graduate.

As Breitbart News reported, Mangione’s lawyers argued as expected that the New York City case and a parallel federal death penalty prosecution amounted to double jeopardy.

But Judge Gregory Carro rejected the argument, saying it would be premature to make such a determination.

The judge ruled to dismiss both terrorism charges — murder in the first degree in furtherance of an act of terrorism and murder in the second degree as a crime of terrorism — writing they were “legally insufficient.”