BUFFALO, NY (WKBW) — The defense team for Payton Gendron, the gunman in the Buffalo mass shooting, was in court on Wednesday to argue why hate crime charges should be dropped.
Gendron is accused of a racially motivated attack on May 14, 2022, at the Tops Friendly Markets on Jefferson Avenue that killed 10 Black community members and wounded three others.
“Clearly, there was a crime, there was a shooting and is that motivated by hate, by some bias,” said Terry Connors, a Buffalo attorney who represents seven of the families who lost loved ones and three others who were seriously hurt.
Gendron’s death penalty trial is slated to begin this September, and I was in the courtroom for the hearing on Wednesday as the legal battle continues.
Some family members appeared in court, but once again, Gendron was a no-show, waiving his right to appear.
In the federal case, Gendron faces 27 counts, which include hate crime and firearm charges. The defense argued against the hate crime charges Wednesday.
The hate crime charges center around the 69 people who were in or outside the Tops store on that day. The defense said, “There's no specific name" and "no identifiable victim," but the judge questioned why names would be needed. The prosecutor says the argument "defies both reason and the law."
I asked Connors about the hate crime charges.
“If you'll recall from the video, there was an incident in which the shooter actually encountered a Caucasian who was in the aisles begging for mercy, and looked at him, held the weapon, and said, 'Oh, I’m sorry,' and moved on," Connors said. "You know, that's going to be a key element of the offense against the shooter and does that satisfy the hate crime?"
The judge did not issue a decision on Wednesday, instead giving both the defense and government time to respond and review a recent case involving a hate crime.
However, in a separate motion, Gendron’s defense team also claims the hate crimes act is “unconstitutional” as it applies to him because he was already prosecuted under a state hate crime provision. However, on the same day as their other hate crime arguments, the judge issued an 18-page decision and denied that request.
“I think the important thing to understand is that it is a very novel charge," Connors explained. "The charge has not been utilized in our federal government very often at all, and so from that standpoint, it bears a lot of scrutiny, and that's why the defense is focused on it.”
Connors is certain the case will be ready for trial in September when jury selection is expected to begin and could reveal a great deal of evidence.
“This case will go through chapter and verse what occurred, and since I’m involved in that, I know very well that what has been put out in public is just a small slice of what actually happened,” Connors said.
I asked Connors how his clients are feeling about Gendron continuing to waive his right to appear in court and if they would prefer he show his face.
“Absolutely, the families believe that he, you know, because of what has been done, that he ought to show up," said Connors. "He ought to be in court. He ought to listen to the allegations, listen to the legal problems and issues that he's going to face. They want him to see it live and not just hide back in a cell and not come to court.”
In February 2023, Gendron was sentenced to life without parole on the state charges he faced in connection to the shooting. He pleaded guilty to those charges in November 2022, which included one count of first-degree domestic act of terrorism motivated by hate. Former Erie County District Attorney John Flynn said Gendron was the first person in New York State to be indicted and convicted on that specific charge.
“You will learn things that you never learned in the state court proceeding because he pled guilty so quickly,” Connors said.
