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DOJ seeks death penalty for Buffalo shooter, first under Biden admin


Payton Gendron arrives⁣ for a⁣ hearing at the Erie County ⁤Courthouse on ⁣May 19, ⁣2022 in Buffalo, New York. (Photo by Scott Olson/Getty Images)

OAN’s Sophia Flores
12:09 PM –Friday, January 12, ⁣2024

Federal prosecutors have announced that they​ will seek⁢ the ⁤death penalty for Payton Gendron, the man who pleaded guilty to killing 10 people in a grocery store back in 2022.

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On Friday, the Justice Department announced in a filing that they will seek⁢ the death penalty for the racially-motivated ⁢Tops Supermarket shooter.

“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,” the filing ⁤said.

“Payton Gendron⁣ expressed bias, hatred, and contempt toward Black persons and his animus toward Black persons played a role,” the filing continued.

The ⁤20-year-old, who is currently serving a life sentence, pleaded guilty to state charges of murder and ​hate-motivated domestic terrorism in November⁣ of 2022. However,​ he had pleaded guilty ​only⁢ under the condition that “prosecutors would agree not to seek the death penalty.”

New York, the state where the shooting occurred, does not have capital punishment. Nonetheless, the⁢ Justice Department ‍took the opportunity to seek the death​ penalty⁢ in a separate federal hate crimes case.

This is the first time under Attorney‌ General ⁣Merrick Garland’s leadership that ⁢the Justice Department is pursuing⁤ capital punishment.

Garland ⁢has only perused two⁣ death penalty cases in the‌ past. One against Sayfullo Saipov, who killed eight people with ‍a ‍truck on a ⁤bike ‌path in 2017, and one against⁣ Robert Bowers, ​the Pittsburgh Tree of Life synagogue shooter in 2018. However, both‌ cases ⁢occurred under ⁤former President‌ Donald⁢ Trump while‍ he was in office.

A jury had decided not to sentence Saipov⁤ to death,⁤ while Bowers ⁣got the death penalty. The cases were carried over from the Trump ⁤administration once Biden took the White House.

In⁢ 2021, Garland then issued a moratorium on⁣ the death penalty, essentially⁢ halting any further federal ‌executions. The order remains in place to this day.

“The Department⁣ of Justice ⁣must ensure that everyone in the federal criminal justice ‌system is not ⁣only afforded the rights guaranteed by the Constitution and ‍laws of the United States, but is also treated fairly and humanely,” said Attorney General Garland. “That obligation has special force in​ capital cases.”

President ⁤Joe Biden is an​ outspoken opposer of capital punishment. ‌He has‌ called‍ for‍ it to end indefinitely and suggests that convicted criminals should “instead serve life sentences ⁤without probation or​ parole.”

In February 2023, Gendron was sentenced to life in prison without parole for killing 10 innocent people. He decided ⁤to carry out the shooting⁢ at‌ a ​Topps Supermarket ​in Buffalo, New York, since he purportedly “knew it had a predominantly Black ⁣demographic.” ⁤

“I did a⁤ terrible thing that day. ​I shot people ‌because they were⁣ Black,” Gendron⁤ said in court.

On that ‌day, he murdered Roberta Drury, Pearl Young,⁤ Hayward ⁤Patterson, ​Ruth Whitfield, Celestine Chaney, ​Aaron W Salter‍ Jr.,⁤ Andre Mackniel, ⁤Marcus Morrison, Katherine‌ Massey and Geraldine Talley.

However,⁢ some ‍were not happy with the news of Gendron’s capital punishment. Mark ​Talley,⁤ the‍ son of shooting victim Geraldine Talley, believes the death​ sentence would let the racially-motivated shooter get “off ⁢the ⁢hook” for the ⁤crimes⁢ he committed in taking innocent lives.

“I want him ⁢to⁢ torture, I‍ want him to ‌suffer,⁢ I ⁢want everything⁣ he⁣ ever loved to suffer. ‍I want friends and family that he loved‍ to suffer. I want ​possibly⁢ the ⁤worst thing that​ I can‍ ever ⁤imagine to possibly happen to him,” Talley asserted.

“As far as I’m concerned, I⁤ think he’s getting off the hook getting the ​death ‍penalty because⁤ he⁤ won’t get that suffering that⁣ I ⁢want,” he continued.⁣ “As long as⁤ I’m alive, ⁤whether⁤ God gives me 20, 30 ​or 60 years, I wanna ⁣be able ⁣to see him to suffer.”

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What are the reasons for federal prosecutors seeking the death penalty for Payton Gendron, despite‌ his previously pleading guilty to state charges and receiving a life sentence?

Federal prosecutors have announced their intention to seek the death⁤ penalty for Payton Gendron, a man who pleaded guilty to ⁣killing 10 people in a grocery store in 2022. The Justice Department filed a statement on Friday, stating that ⁣they believe a sentence of⁤ death is justified ⁤in ‍this case.

The shooting, which took place at a ⁢Tops​ Supermarket in Buffalo, New York, was racially motivated. Gendron, who expressed bias, hatred, and contempt towards Black individuals, targeted the ‌predominantly‌ Black ⁣store. He is currently serving‍ a life sentence after pleading guilty‍ to state ⁣charges ⁤of murder and hate-motivated domestic‌ terrorism in November 2022. However, this guilty plea was made under the condition that prosecutors would not seek the death ​penalty.

Since New York⁣ does not have capital punishment, the Justice Department is ​pursuing⁢ the death⁢ penalty in a separate federal hate crimes case. This marks the ⁢first‍ time under Attorney General Merrick Garland’s leadership that the department is seeking‌ capital punishment. ⁤Garland has⁣ only pursued two death ‌penalty cases in the ⁢past, both of which occurred⁣ under former President ​Donald Trump’s administration.

President Joe Biden, an outspoken opponent of capital punishment, has called ⁢for an end to the ‌practice. He believes that convicted criminals should instead serve life sentences without probation or parole. In February 2023, Gendron⁢ was sentenced⁢ to life⁢ in prison without parole for his crimes.

The announcement ⁢of the death penalty for Gendron has ​garnered mixed reactions. Mark Talley, the son of one of the shooting victims, ​expressed his⁣ desire for‌ Gendron to suffer and advocated for torture and the suffering of Gendron’s loved ones. Talley believes that the death penalty would allow Gendron to escape the suffering he deserves for ⁣taking innocent lives.

It is important⁢ to note that these developments ⁢occur in the context of a moratorium on the death penalty‌ issued by Garland in 2021, which effectively​ halted federal executions. Garland emphasized the need to ensure that⁢ everyone in the federal criminal justice system is treated fairly and humanely, particularly in ‌capital cases.

In⁤ conclusion, the ⁤decision by federal prosecutors to seek the death penalty for Payton Gendron has sparked significant ​debate ⁣and reactions. As the case progresses, the question of whether capital punishment is an⁢ appropriate response to such crimes will undoubtedly remain a topic of discussion.



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