BUFFALO, N.Y. (WKBW) — The Department of Justice will seek the death penalty in the federal case against the Buffalo mass shooting gunman Payton Gendron, according to court documents.
The documents were filed just before noon on Friday, ahead of a scheduled status conference in the case.
"The United States of America, pursuant to 18 U.S.C. § 3593(a), notifies the Court and Defendant PAYTON GENDRON that the United States believes the circumstances in Counts 11-20 of the Indictment, Dkt. 6, are such that, in the event of a conviction, a sentence of death is justified," the filing said.
ABC News received the following statement from assistant federal defender Sonya Zoghlin:
"We are deeply disappointed with the Attorney General’s decision to seek the death penalty against our client, who was 18 when he committed this crime and is already serving a life sentence with no chance of parole. Rather than a prolonged and traumatic capital prosecution, the efforts of the federal government would be better spent on combatting the forces that facilitated this terrible crime, including easy access to deadly weapons and the failure of social media companies to moderate the hateful rhetoric and images that circulate online."
Gendron killed 10 people and injured three others in a racially motivated mass shooting on May 14, 2022, at the Tops Friendly Markets on Jefferson Avenue in 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.
READ MORE: Buffalo mass shooting gunman sentenced to life without parole on state charges
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.
“Three of the families were brought to tears. It's been an emotional time for them,” remarked Terry Connors, Buffalo Attorney.
Connors represents several of the family members and some survivors of the Tops shooting. I asked him if his clients were in favor of the death penalty. He says there is a split with some not happy about the decision. As for what's ahead, Connors says it will be a very long process.
“Even if it were to bring this to a conclusion via speedy trial, the appellate process will take years to resolve. These cases are litigated always up to the United States Supreme Court because the ultimate death penalty is an issue and that's why it's hotly contested throughout every stage,” replied Connors.
“Now eventually, whether or not Gendron gets the death penalty is going to be up to 12 jurors and all 12 jurors are going to have to agree that death is the appropriate sentence. 12 people are going to have to agree to that,” responded John Elmore, Buffalo attorney.
Elmore represents three families and one Tops survivor.
“My clients have expressed their opinions and desires with high-level officials in the justice dept and I allow those to make their opinions expressed themselves,” Elmore explained.
Hours after the decision, the government and Gendron's defense team were in Buffalo federal court for a status conference. Once again Gendron was a no-show, waiving his right to appear. But prosecutors told the judge it was time for him to return to court. and the judge agreed.
“A point when he needs to be here, southern rather than later,” stated U.S. Judge Lawrence Vilardo.
“So, the reason the prosecution made that request today is because you never want to be in a position where you might be able to challenge the effectiveness of his trial. If he wasn't there for some critical stages, if he didn't affect a knowing voluntary and intelligent waiver, they could maybe challenge that on appeal,” Connors noted.
The next court date is scheduled for February 2 at 9:30 a.m. A motion will be argued by prosecutors seeking Gendron's jail records.
As Western New York mourns with the families who lost loved ones, 7 News wishes to honor their memory.
- Aaron Salter
- Ruth Whitfield
- Roberta Drury
- Pearl Young
- Katherine Massey
- Margus Morrison
- Celestine Chaney
- Geraldine Talley
- Andre Mackniel
- Heyward Patterson
You can watch the Buffalo Strong special in remembrance of the victims here.
You can read the full court document below.
