The Justice Department said in a court filing Friday that it will seek the death penalty for Buffalo supermarket gunman Peyton Gendron.
Gendron, 20, is already serving a life sentence without parole after pleading guilty to state charges of murder and hate-motivated domestic terrorism in the May 2022 attack that killed 10 Black people at a Tops grocery store. He is serving time in prison.
New York state does not have the death penalty, but the Justice Department had the option of seeking the death penalty in other federal hate crime cases. Gendron had promised to plead guilty in the 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 chose the supermarket “to maximize the number of black victims.”
Buffalo shooter Peyton Gendron sentenced to life in prison, says he 'did a terrible thing' to his family
Relatives of the victims met privately with prosecutors Friday morning in federal court in Buffalo and were informed of the Justice Department's decision, the Buffalo News reported.
The Associated Press reported that this is the first time Attorney General Merrick Garland has approved a new pursuit of the death penalty. He added that under his leadership, the Justice Department has allowed two death penalty prosecutions to continue and has withdrawn pursuit of the death penalty in more than 20 cases.
The Buffalo News also reported that federal prosecutors filed documents that read: “The United States, pursuant to 18 U.S.C. 3593(a), informs the court and defendant Peyton Gendron that the United States believes the circumstances of counts 11 through 20.'' Dkt. 6 Indictment If convicted, a death sentence is warranted under 18 USC §§ 3591-98, and the United States requires death sentences for the following crimes: Use and Discharge During and for Violent Crimes Related Handling of a Firearm to Commit Murder, 18 USC § 924(c) and (j).
Man lunges at Buffalo shooter Peyton Gendron during sentencing hearing
Gendron's state sentencing hearing was interrupted sometime in February 2023 by a man who lunged at Gendron while family members were reading victim impact statements, causing speeches by families who lost loved ones. In the midst of this, the gunman himself was seen crying.
Moments before learning his fate, Gendron told the court: “I am so sorry for the pain I caused. I forced the victims and their families to suffer. I am so sorry for taking the life of a loved one.” “Words cannot express how much I regret every decision I made leading up to my actions on May 14th.
“I did something terrible that day. I shot and killed people because they were black. When I look back on it now, I can't believe I actually did it,” he added. “I believed what I read on the internet and acted out of hatred. I know I can't undo it. But I wish I could. And I don't want anyone to be inspired by me and my actions. I don't want it either.”
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Prosecutors with the Erie County District Attorney's Office called Gendron's state sentence “an opportunity to say no to racism, no to hate, to hold this defendant accountable and to encourage others who think like him to do so.” “This is our chance to show that there is no place for behavior.” There will be dire consequences in our society. ”
The Associated Press contributed to this report.
