The U.S. Department of Justice announced on Friday that it will seek the death penalty against Payton Gendron, the white supremacist who murdered 10 Black people at a Buffalo, New York, supermarket in May 2022. This decision marks the first time Attorney General Merrick Garland has authorized a new pursuit of the death penalty since taking office.
This federal hate crimes case runs parallel to the state charges Gendron already faces. He pleaded guilty to state charges of murder and hate-motivated domestic terrorism and is currently serving a life sentence without the possibility of parole. While New York state does not have capital punishment, the federal government retains the option to pursue the death penalty in hate crimes cases.
Payton Gendron being escorted from the courtroom after a sentencing hearing where he received life in prison without parole for the Buffalo supermarket massacre. (Credit: Derek Gee/The Buffalo News via AP, Pool)
The decision to seek the death penalty comes after extensive deliberation by the Justice Department. U.S. Attorney for Western New York, Trini Ross, cited the meticulous planning involved in the attack, particularly Gendron’s selection of the Tops Friendly Market in a predominantly Black neighborhood on the city’s East Side. This choice, Ross argued, demonstrated a clear intent to “maximize the number of Black victims.”
The announcement has elicited mixed reactions from the victims’ families. While some expressed a desire for Gendron to spend his life in prison, others, including Mark Talley, whose 63-year-old mother, Geraldine Talley, was killed, acknowledged a degree of satisfaction with the decision. Talley stated that while a life sentence would have been his preference, he found some solace in the prospect of the death penalty.
Prior to the announcement, prosecutors met with several family members of the victims. Pamela Pritchett, whose 77-year-old mother, Pearl Young, was among the victims, described the meeting as somber and acknowledged the lasting scars the tragedy has left on the community.
Gendron’s attorney, Sonya Zoghlin, expressed “deep disappointment” with the decision, emphasizing Gendron’s age at the time of the shooting – 18 years old. Zoghlin urged the federal government to focus its efforts on addressing the root causes that facilitated the crime, including easy access to firearms and the proliferation of hate speech on social media.
A makeshift memorial near the Tops Friendly Market following the tragic shooting in May 2022. (Credit: AP Photo/Matt Rourke, File)
New York Governor Kathy Hochul voiced her support for the federal government’s decision, highlighting the racially motivated nature of the attack.
The Biden administration has significantly curtailed the use of the federal death penalty. This case represents a rare exception. While Garland has permitted the continuation of two pre-existing capital prosecutions and withdrawn from seeking death in numerous other cases, this marks the first new death penalty pursuit under his leadership. Garland’s 2021 moratorium on federal executions, while not prohibiting the pursuit of death sentences, has significantly limited their application.
The Justice Department has previously secured the death penalty in high-profile cases, including the Pittsburgh synagogue shooting, a case authorized before Garland’s tenure. They also pursued the death penalty for the perpetrator of the 2017 New York City bike path attack, but a non-unanimous jury resulted in a life sentence. However, the department has declined to seek capital punishment in other mass shootings, including the 2019 El Paso Walmart massacre.
On May 14, 2022, Gendron drove over 200 miles from his home in Conklin, New York, to the Tops Friendly Market, where he opened fire on unsuspecting shoppers and employees. He livestreamed the attack using a camera mounted on his helmet.
The victims, ranging in age from 32 to 86, included customers, a store security guard, and a church deacon who provided transportation for shoppers. Three individuals were wounded but survived the attack. Gendron’s rifle was inscribed with racial slurs and phrases referencing the “Great Replacement” conspiracy theory.
The decision to pursue the death penalty against Gendron underscores the gravity of the crime and its impact on the community and the nation. The case will continue to unfold in the federal court system, with the potential for further legal challenges and appeals. The outcome will undoubtedly have significant implications for the future of hate crime prosecutions and the federal death penalty.
