BUFFALO, N.Y. (WKBW) — The defense attorneys representing the man who killed 10 people at the Tops Friendly Markets in Buffalo were back in federal court Friday for a status conference.
The shooter, 19-year-old Payton Gendron, waived his right to appear in court Friday in connection to the federal charges he faces, but the defense said that he would be prepared to plead guilty to those charges under similar terms to his plea on state charges last week, if the government does not seek the death penalty.
"He is prepared to enter a guilty plea," stated Sonya Zoghlin, public defender. "It is still our hope to resolve this matter short of trial."
"He's asking to be spared. Did he show mercy when all those other nine victims asked to be spared?” questions Kimberly Salter.
Kimberly Salter spoke out against the gunman who murdered her husband, Aaron Salter, the Tops security guard who tried to fight off the shooter.
“I’m here today to give glory to God in honor of my husband, Aaron Salter,” reflected Mrs. Salter.
Salter says the gunman made the choice and must face consequences.
"And this man was selfish and broke God's commandment of ‘Thou shall not kill’ — he did it," Salter remarked.
The admitted white supremacist pleaded guilty last week to state charges, including domestic terrorism and hate crimes that carry a sentence of life without parole.
I asked salter if she wants the death penalty.
“I’m not going to answer that — it's not what I want,” replied Salter. "What I want is between me what and God has — whatever God has for that man that's on him. I'm not making a decision. I'm making an opinion and I'm not giving an answer."
In Federal Court, Friday before U.S. Magistrate Judge Kenneth Schroeder prosecutors told the judge an initial meeting on "mitigation" will be held locally to discuss the death penalty right after the holidays before heading to D.C.
The defense requested 90 days before the next status conference for time to review discovery in the case, but the judge questioned why so much tune was needed since the defendant already pleaded guilty to state charges which are almost identical to federal charges. He also noted the shooter is scheduled to be sentenced on the state charges on February 15th.
"Is relatively mute," Judge Schroeder stated. "I don't see the necessity of time spent on discovery. Why do we need to spend a lot of time on guilty when he's already admitted."
The judge noting the families of the victims and the public also have a right to a speedy trial.
Attorney John Elmore is representing the families of Andre Mackniel and Kat Massey who were killed in the May 14 shooting at the Jefferson Avenue Tops.
“None of the families are advocating for life. They're hurt. Some of the families obviously made it very vocal and clear they want the death penalty,” explained Elmore.
Zeneta Everhart, whose son Zaire was wounded in the massacre, says she is angry the shooter waived his right to appear Friday.
“That should not be okay. We showed up today — he should have been here to face us and that's the problem. America does not want to face the fact that it's racist and it raises people just like him in this country,” Everhart noted.
"The families, in this case, were very, very disappointed that Gendron did not appear in court today. They feel like they are still being punished," responded Elmore.
Everhart says she wants the gunman to go to trial.
"This is about racism. This is about hate. This is about domestic terrorism and the world needs to see that — and the only way for the to see that is if we have a trial," Everhart said. "I want a trial. I want everybody in America to see what happened here on that day and I want it to happen because it goes down into the history books - and as we know our history does not reflect the actual racist country that we live in and that's problematic."
The judge did grant the 90-day request for a return for the next status conference on March 10, 2023.
Last week he pleaded guilty to the following state charges:
- One count of first-degree domestic act of terrorism motivated by hate
- 10 counts of first-degree murder
- Three counts of second-degree attempted murder as a hate crime
- One count of second-degree criminal possession of a weapon
According to Erie County District Attorney John Flynn, the shooter is the first person in New York State to be indicted and convicted on a domestic act of terrorism motivated by hate crime. Following his guilty plea, he faces a maximum of life in prison without the possibility of parole.
In the federal case, he faces 27 counts, which include hate crime and firearm charges. The charges against him make the shooter eligible for the death penalty on conviction. The defense said Friday the shooter would be willing to plead guilty to those charges under similar terms to his plea on state charges.
