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Buffalo mass shooting gunman is now facing federal hate crimes charges

Erie County Court Judge Susan Eagan addressed white supremacy before sentencing
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BUFFALO, N.Y. — The man who killed 10 of our neighbors and friends more than nine months ago begins his life in prison as justice was served in court Wednesday morning.

Payton Gendron has been charged with Domestic Terrorism. He plead guilty to this charge in November 2022. Along with the life sentences for each of the 10 people he killed. On top of the life sentences, he'll have another 75 years added afterwards for the three people who were shot and survived.

The sentencing provided both the families of the Jefferson 10 with some small sense of closure as well as giving the confessed shooter a chance to apologize.

Now, as one chapter closes in the 5/14 story, the next one is set to start on Thursday as Payton Gendron faces a federal court date.

Thought it will likely be far less emotional than today's sentencing, the Tops shooter will be back inside a courtroom in Buffalo Thursday morning.

"So he'll be transferred to the Federal facility now for pre-trial confinement for federal purposes, alright? Then when the federal proceeding is over then a decision will be made."

Payton Gendron is now facing federal hate crimes charges due to the racist motivation behind his attack. If convicted, he could face the death penalty.

"I know the decision making authority is not going to happen here in Buffalo it will happen in Washington, D.C. in the Department of Justice main building," said Flynn. "They will make that decision."

Attorney William Easton said there hasn't been a state execution in New York since 1963. He said data collected within the last 10 years showed, in most cases, life in prison is the preferred option for victims and families.

"When people are given those two as an option people think that life in prison without parole is a preferable punishment to death," said Easton.

If the courts decide not to give Gendron the death penalty, where he serves his sentence will then be decided.

"Let's assume they don't go with the death penalty, alright and he goes to jail," said Flynn. "A decision will be made. He will go to state prison for the rest of his life or to federal prison for the rest of his life."

If he does serve his sentence in federal prison he could be places in a facility in Chautauqua or Niagara County. Otherwise, he will be sent to a maximum security state facility.

While there is still a long way to go, Flynn said attention should stay with the families of those who lost loved ones.

"The immediate future obviously is continuing to help these families," said Flynn.

Attorney John Elmore said his firm will be representing three of the families in their civil lawsuits.

"We've become very close," said Elmore. "We feel their pain everyday,"

Gendron's attorney said he was directed not to make any appeals and they will cooperating with the families and sharing evidence collected during the investigation.

"I can say this is going to be a long march to justice," said Elmore.

Some say justice with a lower case "j" was served on Wednesday but with deeper rooted issues surrounding racism and discriminationyet to be solved, there are still more wrongs that need to be made right.

As Western New York mourns with the families who lost loved ones, 7 News wishes to honor their memory.

You can watch the Buffalo Strong special in remembrance of the victims here.