BUFFALO, N.Y. (WKBW) — A federal judge lambasted U. S. Attorney General Merrick Garland for taking what — in his opinion — is a long time to decide if the government will seek the death penalty in the case against Payton Gendron.
Gendron shot and killed 10 people in a racist attack at the Tops on Jefferson Avenue on May 14, 2022. Three others were hurt in the shooting.
Prosecutors say the next steps in the death penalty process should happen in short order. There have been high-level conversations between the U.S. Attorney's Office in Western New York and Civil Rights Division in Washington, D.C.
At a status conference Thursday morning, U.S. District Judge H. Kenneth Schroeder says there are two issues that are perplexing to him, explaining the Attorney General of the United States of America and the Department of Justice are holding up the question of whether this is death penalty eligible.
This was a "heinous crime admitted to by the defendant...of hate and racism... why should it take over a year is beyond me," Hon. Schroeder said. He said the public at large has a right to have this disposed of in a speedy time.
Gendron was not in court for today's proceedings.
In November 2022 he pleaded guilty to all charges he faced on the state level and in February 2023 he was sentenced to life without parole on those charges.
According to the defense, Gendron would plead guilty to federal charges if the government decides not to seek the death penalty. If prosecutors do seek the death penalty, the defense counsel would file many motions before trial to spare Gendron's life, attorneys said.
The judge persisted, "Do the facts of this case...warrant seeking the death penalty? What else does the government need," he emphatically questioned.
Prosecutors say they expect the next step in deciding if the death penalty is to be sought, in Washington, to happen soon.
Still, the judge said, "Justice delayed is justice denied...not only to the defendant but to the public as well."
Schroeder said he would not let this case drag on and set a schedule to have pre-trial hearings and motions filed, even though a decision about the death penalty has not been made.
All pre-trial motions by the defense that are non-death penalty related must be submitted by August 31st.
Oral arguments are scheduled for October 24th.
