CRIME, POLICE + COURTS

Prosecutors will seek death penalty for white supremacist who killed 10 at Buffalo supermarket

Jan 12, 2024, 4:30 PM

buffalo shooting...

FILE - People hug outside the scene after a shooting at Tops supermarket, May 14, 2022, in Buffalo, N.Y. (AP Photo/Joshua Bessex, File)

(AP Photo/Joshua Bessex, File)

BUFFALO, N.Y. (AP) — Federal prosecutors will seek the death penalty against a white supremacist who killed 10 Black people at a Buffalo supermarket, they said in a court filing Friday.

Payton Gendron, 20, is already serving a sentence of life in prison with no chance of parole after he pleaded guilty to state charges of murder and hate-motivated domestic terrorism in the 2022 attack.

New York does not have capital punishment, but the Justice Department had the option of seeking the death penalty in a separate federal hate crimes case. Gendron had promised to plead guilty in that case if prosecutors agreed not to seek the death penalty.

In a notice announcing the decision to seek the death penalty, Trini Ross, the U.S. attorney for western New York, wrote that Gendron had selected the supermarket “in order to maximize the number of Black victims.”

The notice cited a rage of factors for the decision, including the substantial planning leading to the shooting and the decision to target at least one victim who was “particularly vulnerable due to old age and infirmity.”

Relatives of the victims had expressed mixed views on whether they thought federal prosecutors should pursue the death penalty. After meeting with prosecutors hours before a Friday hearing in the case, one of the relatives, Mark Talley, shared his thoughts.

“I’m not necessarily disappointed in the decision. … 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,” said Talley, whose 63-year-old mother Geraldine Talley was killed.

“I would prefer he spend the rest of his life in prison suffering every day,” he added.

Several other family members of victims left without speaking.

The Justice Department has made federal death penalty cases a rarity since the election of President Joe Biden, a Democrat who opposes capital punishment. This is the first time Attorney General Merrick Garland has authorized a new pursuit of the death penalty. Under his leadership, the Justice Department has permitted the continuation of two capital prosecutions and withdrawn from pursuing death in more than two dozen cases.

Garland instituted a moratorium on federal executions in 2021 pending a review of procedures. Although the moratorium does not prevent prosecutors from seeking death sentences, the Justice Department has done so sparingly.

It successfully sought the death penalty for a antisemitic gunman who murdered 11 people at a Pittsburgh synagogue, which had been authorized as a death penalty case before Garland became attorney general.. It also went ahead last year with an effort to get the death sentence against an Islamic extremist who killed eight people on a New York City bike path, though a lack of a unanimous jury meant that prosecution resulted in a life sentence.

The Justice Department has declined to pursue the death penalty in other mass killings. It passed on seeking the execution of a gunman who killed 23 people at a Walmart in El Paso, Texas.

On May 14, 2022, Gendron attacked shoppers and workers with a semi-automatic rifle at a Tops Friendly Market in Buffalo after driving more than 200 miles (320 kilometers) from his home in rural Conklin, New York.

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 dead, who ranged in age from 32 to 86, included eight customers, the store security guard and a church deacon who drove shoppers to and from the store with their groceries. Three people were wounded but survived.

The rifle Gendron fired was marked with racial slurs and phrases including “The Great Replacement,” a reference to a conspiracy theory that there’s a plot to diminish the influence of white people.

___

Associated Press writers Jake Offenhartz in New York and Lindsay Whitehurst in Washington

 

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Crime, Police + Courts

Former president Donald Trump, Manhattan trial...

MICHAEL R. SISAK

With trial starting next month, Manhattan DA asks judge for a gag order in Trump’s hush-money case

The Manhattan DA's office asked that Trump be barred from making or directing others to make public statements about people involved in the case.

3 hours ago

Kathy Brandel and her husband of 27 years, Ralph Hendry...

Sharif Paget, Chris Boyette and Polo Sandoval, CNN

Family of Americans believed dead after yacht allegedly hijacked in Grenada describe scene of violence

The family of two Americans who may have been killed in an alleged yacht high jacking in Granada hope the couple might be found alive.

9 hours ago

Police tape drapes the crime scene on a trail behind Lake Herrick at the University of Georgia in A...

Ashley R. Williams, Raja Razek, Priscilla Alvarez, Isabel Rosales and Jaide Timm-Garcia, CNN

Questions remain in investigation of death of Augusta University student found on UGA campus

As the investigation continues into the death of an Augusta University student, officials confirmed the immigration status of a suspect.

10 hours ago

A car ran into a house in Hurricane Sunday morning, police say. No injuries to the driver or the oc...

Devin Oldroyd

Car crashes into house in Hurricane Sunday morning

A car ran into a house in Hurricane Sunday morning, police say. No injuries to the driver or the occupants of the house were reported.

21 hours ago

FILE — Handcuffs hang from a rail inside the Wasatch entry of the old Utah State Prison in Draper...

Mary Culbertson, KSLTV

Man accused of manslaughter after allegedly selling fentanyl that led to overdose

One man was arrested and accused of manslaughter after authorities believe he sold fentanyl to a victim who died of overdose.

23 hours ago

Charles E. Escalera, 21...

Michelle Watson and Maria Sole Campinoti, CNN

Kentucky man arrested in connection with death of Campbellsville University student

A man has been arrested in connection with the death of a student at Campbellsville University in Kentucky.

1 day ago

Sponsored Articles

Mother and cute toddler child in a little fancy wooden cottage, reading a book, drinking tea and en...

Visit Bear Lake

How to find the best winter lodging in Bear Lake, Utah

Winter lodging in Bear Lake can be more limited than in the summer, but with some careful planning you can easily book your next winter trip.

Happy family in winter clothing at the ski resort, winter time, watching at mountains in front of t...

Visit Bear Lake

Ski more for less: Affordable ski resorts near Bear Lake, Utah

Plan your perfect ski getaway in Bear Lake this winter, with pristine slopes, affordable tickets, and breathtaking scenery.

front of the Butch Cassidy museum with a man in a cowboy hat standing in the doorway...

Bear Lake Convention and Visitors Bureau

Looking Back: The History of Bear Lake

The history of Bear Lake is full of fascinating stories. At over 250,000 years old, the lake has seen generations of people visit its shores.

silhouette of a family looking over a lake with a bird in the top corner flying...

Bear Lake Convention and Visitors Bureau

8 Fun Activities To Do in Bear Lake Without Getting in the Water

Bear Lake offers plenty of activities for the whole family to enjoy without having to get in the water. Catch 8 of our favorite activities.

Wellsville Mountains in the spring with a pond in the foreground...

Wasatch Property Management

Advantages of Renting Over Owning a Home

Renting allows you to enjoy luxury amenities and low maintenance without the long-term commitment and responsibilities of owning a home.

Clouds over a red rock vista in Hurricane, Utah...

Wasatch Property Management

Why Southern Utah is a Retirement Paradise

Retirement in southern Utah offers plenty of cultural and recreational opportunities. Find out all that this region has to offer.

Prosecutors will seek death penalty for white supremacist who killed 10 at Buffalo supermarket