Former Judge Andrew Napolitano told Newsmax on Wednesday that Luigi Mangione, the alleged killer of UnitedHealthcare CEO Brian Thompson, will likely “waive extradition” and agree to face charges in New York during a court hearing this week.

Mangione was indicted earlier this week on charges of first-degree murder in furtherance of terrorism, second-degree murder, and criminal possession of a weapon, among other charges.

When asked why Mangione was charged with first-degree and second-degree murder as well as terrorism, Napolitano said on “National Report” that in New York state, “first-degree murder is when the victim is … someone whose death will materially affect the criminal justice system,” such as a police officer or judge, “unless the murder was committed as an act of terrorism,” which in the state is defined as two or more violent crimes “intended to intimidate the civilian population.”

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