Justice Department Seeks Death Penalty for Buffalo Shooter Payton Gendron
TL/DR –
Payton Gendron, who was 19 at the time of his racially motivated attack at a Tops Supermarket in Buffalo, New York, in May 2022 will face the death penalty according to the Justice Department. Gendron killed 10 people and injured others in the attack, and was charged with 14 violations of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act as well as 13 firearms offenses. While some family members of the victims were satisfied with the decision, others, such as Mark Talley, son of victim Geraldine Talley, felt that the death penalty would be letting Gendron off too easy and wanted him to suffer more.
Justice Department Seeks Death Penalty for Buffalo Tops Supermarket Shooter
The Justice Department announced it will pursue the death penalty for Payton Gendron, the then-19-year-old responsible for the racially motivated shooting at a Tops Supermarket in Buffalo, New York, in May 2022. Attorneys for Gendron previously hinted he may plead guilty if the death penalty were disregarded.
The federal prosecutors’ case rests on the intentional killing of ten victims, the infliction of bodily harm, Gendron’s participation in an act leading to death and his explicit racism during the event. They argue that “Gendron intentionally killed Roberta Drury, Pearl Young, Hayward Patterson, Ruth Whitfield, Celestine Chaney, Aaron W Salter Jr., Andre Mackniel, Marcus Morrison, Katherine Massey, and Geraldine Talley.”
A federal grand jury returned a 27-count indictment against Gendron in July 2022, charging him with 14 violations of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act and 13 firearms offenses. Gendron was motivated by the far-right conspiracy known as the replacement theory.
Attorney General Merrick Garland has previously pursued two death penalty cases during his tenure, one against Sayfullo Saipov and the other against Robert Bowers. Although Garland instituted a moratorium on the death penalty in July 2021, this remains in effect.
The decision to seek the death penalty comes after a year of deliberation within the Justice Department. Although President Joe Biden campaigned on abolishing the death penalty at a federal level, in the absence of a formal policy, a “worst-of-the-worst” threshold for recommending the death penalty has been debated for the most heinous cases of hate-fueled mass acts of terror.
Family members of the victims learned of the DOJ’s decision during a meeting with prosecutors. Some expressed satisfaction, while others, like Mark Talley, felt that a death sentence would let Gendron “off the hook”.
New York Gov. Kathy Hochul supported the DOJ’s decision, stating “This community is still reeling from the atrocity of 10 innocent people targeted because of the color of their skin by a white supremacist who was radicalized online.”
Gendron was sentenced to life in prison without parole on state charges in February 2023 after pleading guilty to domestic terrorism motivated by hate, murder, and attempted murder. During the sentencing hearing, Gendron apologized for his actions and the pain caused.
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