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NEW YORK (AP) 鈥� Luigi Mangione鈥榮 lawyers urging a judge Thursday to throw out his state murder charges in the killing of UnitedHealthcare CEO Brian Thompson, arguing that the New York case and a parallel federal death penalty prosecution amount to double jeopardy.

If that doesn鈥檛 happen, they want terrorism charges dismissed and prosecutors barred from using evidence collected during Mangione鈥檚 arrest last December, including a 9 mm handgun, ammunition and a notebook in which authorities say he described his intent to 鈥渨ack鈥� an insurance executive.

Mangione鈥檚 lawyers also want to exclude statements he made to police officers who took him into custody at a McDonald鈥檚 restaurant in Altoona, Pennsylvania, 230 miles (about 370 kilometers) west of New York City, after a five-day search.

Among other things, prosecutors say the Ivy League graduate apologized to officers 鈥渇or the inconvenience of the day,鈥� and expressed concern for a McDonald鈥檚 employee who alerted them to his whereabouts, saying: 鈥淎 lot of people will be upset I was arrested.鈥�

Thompson鈥檚 Dec. 4 killing outside a Manhattan hotel 鈥渉as led to a legal tug-of-war between state and federal prosecutors as they fight for who controls the fate of 26-year-old Luigi Mangione,鈥� his lawyers, Karen Friedman Agnifilo, Marc Agnifilo and Jacob Kaplan wrote in a 57-page court filing.

They called the dual state and federal cases, plus a third in Pennsylvania involving gun possession and other charges, 鈥渦nprecedented prosecutorial one-upmanship.” They said prosecutors 鈥漚re trying to get two bites at the apple to convict Mr. Mangione” of murder.

鈥淵et, despite the gravest of consequences for Mr. Mangione, law enforcement has methodically and purposefully trampled his constitutional rights,鈥� his lawyers wrote. They allege officers questioned him without telling him he had a right to remain silent and searched his property without a warrant.

The Manhattan district attorney’s office said it would respond in court papers.

The defense鈥檚 demands to end or limit Mangione鈥檚 state case could preview his legal strategy for his federal murder case, where prosecutors intend to seek the death penalty. The state charges carry a maximum punishment of life in prison.

Mangione, who turns 27 on Tuesday, has pleaded not guilty in both cases. He has been held in a Brooklyn federal jail since authorities whisked him to New York by plane and helicopter after his arrest.

Mangione is due back in court for the state case on June 26, when Judge Gregory Carro is expected to rule on the dismissal request. He next federal court date is Dec. 5, a day after the one-year anniversary of Thompson鈥檚 death. No trial date has been set in either case.

Prosecutors had said they expected the state case go to trial first, but Friedman Agnifilo said last week that she wants the federal case to take precedence because it involves the death penalty.

Along with seeking to dismiss the state case, Mangione鈥檚 lawyers alternatively asked Carro to throw out charges alleging he killed 鈥渋n furtherance of terrorism” and as an act of terrorism. They argue there are 鈥渁bsolutely no facts to support this theory” and that charging him under a post-9/11 terrorism statute flouts the intent of lawmakers.

Surveillance video showed a masked gunman shooting Thompson from behind as the executive arrived for UnitedHealthcare鈥檚 annual investor conference. Police say 鈥渄elay,鈥� 鈥渄eny鈥� and 鈥渄epose鈥� were scrawled on the ammunition, mimicking a phrase commonly used to describe how insurers avoid paying claims.

Manhattan District Attorney Alvin Bragg has said that the ambush 鈥渨as a killing that was intended to evoke terror.鈥�

Mangione鈥檚 federal charges include murder through use of a firearm, which carries the possibility of the death penalty, along with two counts of stalking and a firearms offense.

Last month, U.S. Attorney General Pam Bondi announced that she was directing Manhattan federal prosecutors to seek the death penalty for the killing, calling it 鈥渁n act of political violence鈥� and a 鈥減remeditated, cold-blooded assassination that shocked America.鈥�

The killing and ensuing search leading to Mangione鈥檚 arrest rattled the business community while galvanizing health insurance critics who rallied around Mangione as a stand-in for frustrations over coverage denials and hefty bills.

In their filing Thursday, Mangione鈥檚 lawyers argued that the conflicting theories of the state and federal cases 鈥� intending to 鈥渋ntimidate or coerce a civilian population vs. stalking a single person鈥� 鈥� has created a 鈥渓egal quagmire鈥� that makes it 鈥渓egally and logistically impossible to defend against them simultaneously.鈥�

“This situation is so constitutionally fraught that we are hard pressed to find precedent for such an unprecedented situation,” Mangione鈥檚 lawyers wrote.