A New York judge dismissed terrorism charges Tuesday against Luigi Mangione, accused of killing UnitedHealthcare CEO Brian Thompson, but upheld second-degree murder charges.

The judge ruled that while Mangione expressed hostility toward the health insurance industry, prosecutors failed to show he aimed to intimidate or coerce the public as required under state terrorism law.

Mangione, 27, faces both state and federal cases, with federal prosecutors seeking the death penalty.

His writings, which prosecutors describe as a manifesto, praised the Unabomber and called Thompson’s killing a step toward “revolutionary change” in healthcare, the Associated Press has reported.

Supporters have rallied around him, casting the Ivy League graduate as a symbol of anger at insurers.

Pretrial hearings in the state case are set for Dec. 1.