Payton Gendron: Victims' families divided on death penalty for racist gunman who killed 10 in shooting

Warning: This article contains a recollection of crime and can be triggering to some, readers’ discretion advised.

BUFFALO, NEW YORK: Federal prosecutors are set to pursue the death penalty for Payton Gendron, who is responsible for the heinous killing of 10 Black individuals at a Buffalo, New York, supermarket in May 2022. 

The 20-year-old was sentenced to life in prison in February 2023 after he pled guilty in November 2022 to 15 state charges, including murder and domestic terrorism motivated by hate. 

Notice seeking death penalty for Payton Gendron states he particularly targeted people vulnerable due to old age and infirmity

According to a recent court filing by the US Department of Justice, Gendron might face capital punishment for federal hate crimes committed when he was 19, launching a racist and murderous attack that devastated the upstate New York community, primarily populated by Black residents.

"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," noted the filing, as per ABC News. 

The federal hate crimes case presented an opportunity for the Department of Justice to seek the death penalty, a decision highlighted in a notice by Trini Ross, the US attorney for western New York.

It cited factors such as substantial planning leading to the shooting and Gendron's deliberate targeting of at least one victim who was "particularly vulnerable due to old age and infirmity," as per The Guardian. 

Previously, the defense has stated that Gendron might consider pleading guilty to federal charges if the death penalty was disregarded. 

Notably, Gendron did not appear in court for the status conference held in his case on Friday, January 12. While the defense managed to waive his appearance, Judge Lawrence Vilardo said he would need to turn up in court soon.

As of now, the next court date is set for February 2. 

Families of victims divided on death penalty for Payton Gendron

Relatives of the victims hold mixed views on the pursuit of the death penalty.

Mark Talley, whose 63-year-old mother Geraldine Talley was among the victims, expressed his sentiments after meeting with prosecutors, stating, "It would have satisfied me more knowing he would have spent the rest of his life in prison being surrounded by the population of people he tried to kill."

The decision to seek the death penalty marks a departure from the Justice Department's recent trend, as federal death penalty cases have been rare under President Joe Biden, who opposes capital punishment.

This move by Attorney General Merrick Garland signals the first authorization for a new pursuit of the death penalty under his leadership.

Garland previously instituted a moratorium on federal executions in 2021, pending a review of procedures, although prosecutors have continued to seek death sentences sparingly.

The tragic supermarket shooting in Buffalo laid bare the city's challenges, being the sixth-most segregated and the third-poorest in the country at the time.