DEVELOPING STORY: “Deny,” “Defend,” “Depose”Emblazoned on Ammo Used in Fatal Shooting of UnitedHealthcare CEO

News reports have revealed that the ammunition used in the fatal shooting earlier this week of Brian Thompson, Chief Executive Officer (CEO) for UnitedHealthcare (UHC), had the words “deny,” “defend,” and “depose” emblazoned on it, presumably by the assailant – who, at press time, still remained at large.

Those words are often used by UHC in denying healthcare claims. Two of the three also make up the first part of the title of a 2010 book: Delay, Deny, Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It, by Rutgers University Emeritus Law Professor Jay M. Feinman.

“The denial of valid insurance claims is not occasional or accidental or the fault of a few bad employees. It’s the result of an increasing and systematic focus on maximizing profits by major companies such as Allstate and State Farm,” a description of the book on Amazon reads. “Citing dozens of stories of victims who were unfairly denied payment, the book explains how people can be more careful when shopping for policies and what to do when pursuing a disputed claim.”

The manhunt continues for what witnesses described as a man riding an e-bike as he fled the New York City hotel where the healthcare insurance company was planning to conduct an investor’s conference.

By Friday morning, all signs pointed to law enforcement making significant progress on the case. Hours after the shooting, the New York City Police Department had obtained and publicly disseminated photos of the masked suspect. By Thursday, additional photos had emerged – including one of the maskless suspect smiling at a hostel he had reportedly checked into more than a week before the shooting, on the opposite side of Central Park from where the shooting took place.

CNN was reporting overnight that the suspected gunman had traveled by bus, on a route that had originated in Atlanta, and used a fake New Jersey driver’s license as ID at the hostel. Multiple video clips of the suspect had also emerged by then.

New York City falls under the jurisdiction of New York state law. An arrest in the case would likely hinge on investigators establishing the identity of the suspect in the case – and then, likely more difficult, locating him. If the suspect is apprehended in New York State, proceedings could begin close to immediately in the Criminal Court of the City of New York; otherwise, extradition proceedings may have to be held first.

The  prosecuting body for the Borough of Manhattan is the Manhattan District Attorney, currently led by DA Alvin Bragg. The first step in court proceedings would be the arraignment, at which a plea could be entered and bail considered (like other states, New York eliminated cash bail for many low-level offenses several years ago, but it still exists for violent and serious crimes such as murder).

It is extremely rare for premeditated violent crimes such as murder to result in a defendant initially going free prior to resolution of the case.

The length of prison terms for murder can vary greatly, depending on a wide range of factors, such as whether the case results in a plea or goes to trial, the criminal history of the defendant, and a range of mitigating and aggravating factors to be considered by the presiding judge.

A little less than two months ago, in September, Bragg’s office issued a press release announcing a sentence of 40 years to life for a defendant convicted at trial of meticulously planning the murder of his boss, a tech CEO, in his lower Manhattan apartment.

This is a developing story. More information will be reported as it becomes available.