BUFFALO, NY (WKBW) — The death penalty trial for the Buffalo mass shooting gunman has been set to begin September 8, 2025.
“I will set a trial date,” declared U.S. District Court Judge Lawrence Vilardo.
The judge set the date late Friday morning in federal court in Buffalo during motions argued in the Payton Gendron federal case by both prosecutors and the defense.
Prosecutors filed a motion Thursday requesting a trial date. But Gendron’s public defense team said they wanted more time.
The Department of Justice announced on January 12 that it would seek the death penalty against the mass shooter who killed 10 innocent victims at the Tops Market on Jefferson Avenue in Buffalo.
“This is a date, I think, right now, that is a realistic trial date,” remarked Judge Vilardo. "September seems like a realistic trial date.”
The judge noted that the date could change but noted that it gives both sides something to work toward, but said it's not cast in stone.
"It's not a come hell or high water trial date," stated Judge Vilardo.
Gendron killed 10 people and injured three others in a racially motivated mass shooting.
“I’m happy that things are moving forward, not as quickly as I think any of us would like, but it's good to have dates, right?" responded Zeneta Everhart. “I’m good with that. I think that gives local sites enough time to prepare their cases.
Everhart’s son, Zaire Goodman, survived the shooting massacre at the Tops on May 14, 2022. She attended Friday's hearing and spoke with reporters outside of court.
Gendron, once again, waived his right to appear at the hearing Friday.
The judge heard arguments on two pending motions; the government is seeking Gendron’s jail records, which would include visitor logs and jail calls made by the defendant who was initially held at the Erie County Holding Center and is now at the Livingston County Jail since he was sentenced to life in prison under state charges.
The judge did not issue a decision at this time and for now, a moratorium will remain in place on seeking those records.
Prosecutors say there are six categories of jail records they are seeking:
- Recorded, non-legal, telephone calls, audio, visual, text & emails
- Visitor logs
- Records - interactions with defense teams, notes of observation
- Daily activities
- Commissary transactions
- Internet searches - computers, tablets
"They just want to look at, frankly, everything," stated defense attorney.
A motion on the jury selection process was not argued Friday, but the judge also set a number of due dates for discovery and pre-trial motions, including a venue motion and a motion on the challenges regarding the victims' impact evidence.
As for any arguments that the trial venue should be moved, Everhart disagrees.
“I think that it needs to happen here. Obviously, it happened here. The trial needs to be here,” Everhart replied
The defense team requested six months for their work on the venue motion. The prosecution disagreed with that timeline, regardless the judge made a commitment to issuing the start of the trial for September 8, 2025.
In January, Buffalo attorney Terry Connors, who represents seven families of the victims and two survivors, told reporters he does not believe the trial would be moved out of Buffalo.
In February 2023 Gendron, now 20 years old, 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. 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.
In the federal case, Gendron faces 27 counts, which include hate crime and firearm charges. In December 2022, the defense attorneys representing him said that he would be prepared to plead guilty to the federal charges under similar terms to his plea on the state charges if the government did not seek the death penalty.
