In a court filing on Friday, the Justice Department announced its intention to pursue the death penalty for Payton Gendron, who, at the age of 19, perpetrated a racially motivated shooting at a Tops Supermarket in Buffalo, New York, resulting in the death of 10 individuals.
Payton Gendron is presently serving a life sentence without the possibility of parole, having pleaded guilty to state charges of murder and hate-motivated domestic terrorism related to the 2022 attack.
The filing stated, “The United States believes the circumstances in Counts 11-20 of the Indictment are such that, in the event of a conviction, a sentence of death is justified.”
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Gendron’s legal representatives had previously indicated that he would contemplate entering a guilty plea to the federal charges if the death penalty were eliminated as a potential punishment.
Death Penalty Sought for Gendron’s Killings
Federal prosecutors provided a rationale for their pursuit of the death penalty in their filing, asserting, “Gendron intentionally killed Roberta Drury, Marcus Morrison, Pearl Young, Hayward Patterson, Ruth Whitfield, Aaron W Salter Jr, Celestine Chaney, Andre Mackniel, Katherine Massey, as well as Geraldine Talley.”
The Justice Department also highlighted Gendron’s deliberate infliction of bodily harm, purposeful engagement in an act leading to death, and the overt racism associated with the shooting.
“Payton Gendron expressed bias, hatred, and contempt toward Black persons, and his animus toward Black persons played a role,” stated the filing.
In July 2022, a federal grand jury issued a 27-count indictment against Gendron, encompassing 14 violations of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.
The charges included 10 counts of hate crimes leading to death, three counts of hate crimes involving an attempt to kill three injured individuals, and one hate crimes count accusing Gendron of attempting to kill additional Black individuals in and around the Tops grocery store.
Additionally, he faced 13 firearms offenses.
The Department of Justice issued a statement providing this information. Gendron’s motivation was linked to a racist, far-right conspiracy known as replacement theory, and he aimed to “inspire others to commit similar attacks,” as per a criminal complaint.
The rifle used in the shooting bore markings with phrases such as “here’s your reparations” and “the great replacement,” according to the complaint.