Federal prosecutors will seek the death penalty against the gunman in a racially motivated mass shooting at a Buffalo supermarket in 2022, according to a court document – the first capital case authorized by the Biden administration.
The decision in the federal case of mass shooter Payton Gendron marks the first time that the Justice Department under Biden has authorized pursuit of the death penalty.
Gendron, 20, is facing several hate crimes and firearms charges for the racially motivated May 2022 shooting at a Buffalo supermarket where he killed 10 Black people. He already is serving a life sentence after pleading guilty last year to New York state terrorism and murder charges. His defence attorneys had said in court that Gendron would be willing to plead guilty to the federal counts if prosecutors agreed not to pursue the death penalty.
Relatives of victims and those injured in the shooting gathered at a Buffalo courthouse Friday morning, where they received the news directly from Justice Department officials ahead of a regularly scheduled status hearing in the afternoon.
In New York, the death penalty is unconstitutional; however, it remains a potential sentencing option in federal cases.
During his run for president, Biden’s criminal justice platform included a pledge, laid out on his campaign website, to “work to pass legislation to eliminate the death penalty at the federal level, and incentivize states to follow the federal government’s example,” CNN previously reported. Those convicted of the most egregious federal crimes “should instead serve life sentences without probation or parole,” it said.
This is a developing story and will be updated.
