BUFFALO, NY (WKBW) — A federal judge in Buffalo has ruled that a hearing will be held later this year to determine whether Payton Gendron, the 19-year-old responsible for the racially motivated shooting at the Tops supermarket on Jefferson Avenue, will face the death penalty.
Gendron, already serving a life sentence without the possibility of parole on state charges, now faces federal charges that could lead to the death penalty.
His defense team is arguing that he should not face execution because he was just 18 years old at the time of the tragic mass shooting that killed 10 people and injured three others.
7 News Senior Reporter Eileen Buckley provided an update from the courtroom following the status conference, which focused on the status of the death penalty case. The defense team plans to argue that people in their late teens and early 20s, like Gendron, lack the mental capacity to fully comprehend the consequences of their actions, given that their brains are not fully developed.
John Elmore, a Buffalo attorney representing some of the families of the victims, expressed his thoughts on the proceedings.
“Now this was a very, very serious crime. It was a horrendous crime, and certainly, the defense has offered to plead guilty without the possibility of parole. They want to do everything they can to avoid the death penalty.” Elmore, who is involved in civil cases on behalf of the victims’ families, also noted that experts, including psychiatrists and forensic specialists, would likely testify about the developmental stages of the human brain during the hearing scheduled for late May.
The judge has ordered that Gendron appear in future court hearings, which will include witness testimony, although he has previously waived his appearance. Elmore confirmed, "He will have to be in court for that hearing.”
Family members of the victims were present in the courtroom during today’s proceedings, with some filling up three rows. However, many of them declined to speak to reporters after the hearing. Two family members mentioned they were no longer allowed to conduct interviews, though government lawyers clarified that there is no gag order in place.
The death penalty trial for Payton Gendron is scheduled to begin on September 8th, and the legal battle surrounding this case will continue to draw attention to the devastating impacts of his actions on the Buffalo community.