BUFFALO, N.Y. (AP) — Federal prosecutors announced on Friday their intent to seek the death penalty for a white supremacist responsible for a mass shooting at a Buffalo supermarket that left 10 Black people dead. Payton Gendron, 20, is currently serving a life sentence with no chance of parole after pleading guilty to state charges of murder and hate-motivated domestic terrorism in the 2022 attack.
Although New York does not have capital punishment, the Justice Department had the option of seeking the death penalty in a separate federal hate crimes case. The gunman had agreed to plead guilty in that case if prosecutors did not seek the death penalty.
In the notice announcing the decision to seek the death penalty, Trini Ross, the U.S. attorney for western New York, cited the extensive planning that went into the shooting, including the deliberate choice of location—a Tops Friendly Market in the city’s largely Black East Side neighborhood—to “maximize the number of Black victims.”
Relatives of the victims expressed mixed views on the decision. Mark Talley, whose mother was killed in the attack, stated that while he preferred the gunman spend the rest of his life in prison, he was not necessarily disappointed in the decision. Pamela Pritchett, another family member, emphasized the lasting impact of the tragedy on the community.
The mass shooting took place on May 14, 2022, when the gunman attacked shoppers and workers with a semi-automatic rifle at the supermarket. He chose the business for its location in a predominantly Black neighborhood and livestreamed the massacre from a camera attached to his tactical helmet.
The victims, ranging in age from 32 to 86, included eight customers, the store security guard, and a church deacon. Three people were wounded but survived. The rifle used by the gunman was marked with racial slurs and other phrases, including “The Great Replacement,” a reference to a conspiracy theory about diminishing the influence of White people.
This announcement marks the first time Attorney General Merrick Garland has authorized the pursuit of the death penalty. Garland had instituted a moratorium on federal executions in 2021 pending a review of procedures, and the Justice Department had made federal death penalty cases a rarity since then.