Mass shooting at Tops supermarket in Buffalo, NY

Buffalo mass shooting suspect Payton Gendron expected to plead guilty​

The man who killed 10 people in a racist mass shooting at a Buffalo supermarket plans to plead guilty to all of the state charges against him, according to lawyers representing families of the victims.

Payton Gendron, 19, is scheduled to appear in court Monday, according to court records.


"We had known for some time that it is likely that on Monday, he will enter a plea of guilty to each and every count in the 25-count indictment, and that when sentencing comes, he will receive a sentence of life in prison without parole," Connors said.
 

Buffalo grocery store mass shooter willing to plead guilty to federal charges if death penalty off the table, attorneys say​

The gunman who killed 10 people and wounded three in a racist attack at a grocery store in a predominantly Black neighborhood of Buffalo, New York, would be willing to plead guilty to federal charges — including hate crimes — if prosecutors agree to take the death penalty off the table, his attorneys said Friday.

He pleaded guilty in a state court last month to one count of a domestic act of terrorism motivated by hate, 10 counts of first-degree murder, three counts of attempted murder and a weapons possession charge in the mass shooting at Tops Friendly Markets on May 14. Those charges come with a mandatory sentence of life in prison without the chance of parole.
 

Buffalo grocery store mass shooter willing to plead guilty to federal charges if death penalty off the table, attorneys say​

The gunman who killed 10 people and wounded three in a racist attack at a grocery store in a predominantly Black neighborhood of Buffalo, New York, would be willing to plead guilty to federal charges — including hate crimes — if prosecutors agree to take the death penalty off the table, his attorneys said Friday.

He pleaded guilty in a state court last month to one count of a domestic act of terrorism motivated by hate, 10 counts of first-degree murder, three counts of attempted murder and a weapons possession charge in the mass shooting at Tops Friendly Markets on May 14. Those charges come with a mandatory sentence of life in prison without the chance of parole.
They always do this crap. Exchange favors. You take the death penalty off the table and I will...NO!
 
They always do this crap. Exchange favors. You take the death penalty off the table and I will...NO!

He's going to go to prison and black inmates aren't going to like him. In his case life w/o parole will be more hellish for him.
 

Buffalo supermarket mass shooter to appear in federal court next week​

News 4 has learned that the Buffalo supermarket mass shooter, Payton Gendron, is scheduled to appear in federal court next Thursday, Feb. 16.

The day before his federal court appearance, Gendron is scheduled to be sentenced on state charges of murder as a hate crime and domestic act of terrorism motivated by hate. He admitted to those charges, among others.


Attorneys: Gendron seeks to be held in WNY after state sentencing​

One day after he appears in state court to be sentenced in the Tops massacre, Payton Gendron's attorneys will be in federal court, arguing that he should remain in Western New York rather than be shuttled to a state prison while his federal trial is pending.
 

By CAROLYN THOMPSON
Published: Feb. 15, 2023 at 8:41 AM EST|
Updated: 16 minutes ago

BUFFALO, N.Y. (AP) — The white supremacist who killed 10 Black people in a Buffalo supermarket was taken out of a courtroom Wednesday after someone in the audience rushed at him and was restrained by a court officer.

<snip>
While a life prison sentence is guaranteed for Gendron, he also faces separate federal charges that could carry a death sentence if the U.S. Justice Department chooses to seek it. New York state does not have the death penalty.

Gendron’s admission of guilt on the state charges is seen as a potential help in avoiding a death sentence in the penalty phase of any federal trial. In a December hearing, defense attorney Sonya Zoghlin said Gendron is prepared to enter a guilty plea in federal court in exchange for a life sentence.
 

Convicted Buffalo mass murderer sentenced to life imprisonment​

An avowed white supremacist who killed 10 black people during a shooting rampage at a Buffalo, New York supermarket in May last year has been sentenced to life imprisonment without the possibility of parole.

Nineteen-year-old, Payton Grendon earlier pleaded guilty to a total of 15 charges including murder and domestic terrorism motivated by hate.


He now faces additional federal charges which make him eligible to face the death penalty unlike under New York State Law which does not have capital punishment.
 

Convicted Buffalo mass murderer sentenced to life imprisonment​

An avowed white supremacist who killed 10 black people during a shooting rampage at a Buffalo, New York supermarket in May last year has been sentenced to life imprisonment without the possibility of parole.

Nineteen-year-old, Payton Grendon earlier pleaded guilty to a total of 15 charges including murder and domestic terrorism motivated by hate.


He now faces additional federal charges which make him eligible to face the death penalty unlike under New York State Law which does not have capital punishment.

I'd rather he not get the DP. At 19 he'll have a long life in the Hell of the prison system.
 

by: Tara Lynch
Posted: Sep 19, 2023 / 10:30 PM EDT
Updated: Sep 19, 2023 / 11:08 PM EDT

EAST BUFFALO, N.Y. (WIVB) — The Department of Justice is closer to making a decision on whether to pursue the death penalty for the racist who killed 10 Black shoppers and injured three employees inside the East Side Tops on May 14, 2022. The DOJ and attorneys for Payton Gendron met this week to discuss it, but as far as News 4 has confirmed, no final decisions have been made.

Zeneta Everhart’s son, Zaire Goodman, is still recovering from the injuries he sustained from the May 14 attack. Everhart says a federal trial of this magnitude would be historic for both Buffalo and the entire country. While she doesn’t support the death penalty overall, she says if the DOJ pursues it, she will support it.

“I know that a trial will be a teachable moment for America,” Everhart said. “They made it very clear that our input would weigh the decision.”

No details have been released about the meeting held between the DOJ and Gendron’s attorneys on Monday in Washington, D.C.

“Those individuals who are representing Gendron get to go down there and get to make their case. They get to say why the death penalty should not be imposed. In addition, the families that I speak for get to have a say as well,” Terry Connors, attorney for some of the victim’s families, said.

The gunman’s defense team said he will plead guilty if the death penalty is off the table, but if the ultimate punishment is pursued, there will be a trial. Everhart says she does not support the death penalty in principle, but she is hopeful this goes to trial. If a trial takes place, all evidence would be presented, which could include the live stream of the attack. Everhart thinks will make the nation uncomfortable and could drive change.

<snip>
The timeline for this trial remains unclear, and Connors says he expects a decision within the next month. He is also hoping the feds release more of the evidence to the families so they can make an informed recommendation on the punishment to the DOJ.
 

‘It gets painful’: Prosecutors don’t have to share Tops shooter evidence with families for civil cases​

The case of the confessed Tops shooter Payton Gendron continues to play out in a federal courtroom in Buffalo. Federal Judge Lawrence Vilardo ruled Monday prosecutors do not have to share evidence with the families as they pursue civil lawsuits.

7 News Senior Reporter Eileen Buckley was in the courtroom Monday and has reaction from some family members of the ten community members gunned down on May 14, 2022, outside the Tops Market on Jefferson Avenue on the city’s east side.

“They want us to, you know, sympathize with the terrorist,” remarked Zeneta Everhart, mother of survivor Zaire Goodman, in referring to the defense.

The public defense team lost its bid in federal court Monday to force prosecutors to share evidence, such as cell phone and social media of the gunman, with the victims' families as they pursue their civil suits.

“But for now, the victims will not be able to access any materials that they've been seeking to access for so long,” explained Kristen Elmore-Garcia, attorney.

Federal Judge Vilardo agreed with an earlier ruling, saying evidence in the Tops shooting does not need to be shared with civil attorneys. But the judge did state he was "surprised" the prosecution was opposed to sharing evidence, saying the government is "normally all about helping" victims.

“It was notable that Judge Vilardo called out that difference in the way the government is treating the victims of this action as opposed to the victims in the past Usually, the government does make every effort to attend to the needs of people who have suffered vicious crimes that was that was one of his very first questions for the government,” remarked Elmore-Garcia.

Gendron is already serving life sentences in the state’s case, as he tries to avoid the death penalty on federal charges.

Attorney Kristen Elmore-Garcia represents some of the families who have filed wrongful death suits over the Tops mass shooting.

“The real victims, the people who have actually lost, will have to wait for more meaningful access to the materials that affect them in their daily lives,” Elmore-Garcia noted. “What it boils down to is that they will have a much longer, a much more strenuous battle ahead to obtain the final important details of what really happened, what really led up to this event.”
 

Justice Department to pursue death penalty against Buffalo supermarket shooter Payton Gendron​

The Justice Department said Friday in a court filing it will seek the death penalty for Payton Gendron, the then-19-year-old who killed 10 people in a racially motivated shooting at a Tops Supermarket in Buffalo, New York, in May 2022.

"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.

Lawyers for Gendron previously said he would consider pleading guilty to the federal charges if the death penalty was taken off the table.

Gendron was not in court on Friday when prosecutor Joe Tripi formally notified the judge of the government's intent to seek the death penalty.

The next court date is Feb. 2.
 

ByCAROLYN THOMPSON Associated Press
February 2, 2024, 2:17 PM

BUFFALO, N.Y. -- The federal death penalty trial for a white supremacist who killed 10 Black people at a Buffalo supermarket likely won't start for at least 18 months to give lawyers time to tackle a host of legal and logistical issues, a judge said Friday.

U.S. District Judge Lawrence Vilardo set a date of Sept. 8, 2025, for the start of Payton Gendron's trial on hate crimes and weapons charges. The date is realistic, Vilardo said at a hearing, but it could change.

Prosecutors had sought an April 2025 start.

“Why do you need so much time?” Zeneta Everhart, whose son, Zaire, was shot in the neck but survived, asked after the hearing. “To me it's just annoying to keep hearing them push for more time ... Just get on it with already.”

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 announced in January that it would seek the death penalty in the separate federal case.

Vilardo set a series of filing and hearing dates between now and the trial's start for preliminary legal challenges, including any defense challenges to the constitutionality of the death penalty.

Prosecutors estimated they will need three to four months to select a jury for the capital punishment case. The trial itself is expected to last five to six weeks.
 

Judge rules that lawsuits against social media can move forward in Buffalo massacre case​

The families of those murdered in the racist mass shooting in Buffalo in 2022 can continue with their lawsuits against social media companies that they contend helped fuel the killer's racist hate.

A judge this week refused to dismiss the lawsuits against the social media companies, including Meta (Facebook), 4Chan, Reddit and YouTube. The social media companies had sought the dismissal.

Payton Gendron, who fatally shot 10 Black people at a Buffalo Tops supermarket in May 2022, was partly driven by his belief in what is known as the "white replacement theory," Erie County-based state Supreme Court Justice Paula Feroleto noted in her decision.

That racist-based theory contends that there is an orchestrated and coordinated push to "replace" white people and rid them of political or societal influence. In her ruling, Feroleto said that there is no question Gendron was moved by the theory; he said so himself in an online screed before the mass murders.

The families of the victims maintain that Gendron discovered the concept on postings in the social media universe, found like-minded racists, then set out on his murderous mission. The social media networks have done nothing to monitor and address content of the sort, the lawsuits contend.

The lawsuits allege that "Gendron became aware of this (replacement) concept from information and posts on defendants' platforms," Feroleto wrote. The social media companies, meanwhile, said that they were simple "third-party" hosts to the content and, under the law, would be immune from liability.

As the judge noted in her decision, the lawsuits counter that the social media platforms "are sophisticated products designed to be addictive to young users and they specifically directed Gendron to further platforms or postings that indoctrinated him with 'white replacement theory.' "

With a request for dismissal, the legal burden is with the defendants. They have to convince the judge that the lawsuits do not contain factual instances worthy of consideration by a jury. Feroleto decided in her ruling that there are clearly substantial allegations that can continue to advance with the lawsuits.


The nonprofit Free Press organization, which monitors media content and pushes for openness, lauded the judge's ruling.

While the organization said it recognizes the First Amendment rights of the social media companies, it also believes "that tech companies can and should be held liable when they knowingly continue to distribute content and have knowledge of the harms it causes," Free Press said in a statement.

"This case is an opportunity to test how we can hold platforms accountable for the role they play in inciting violence," the statement read.
 

Defense team for Buffalo mass shooting gunman has until May 2025 to file 'insanity notice'​

One week after our community marked two years since the mass shooting at Tops on Jefferson, the gunman's defense team may now be pursuing a new strategy in court.

Payton Gendron is already serving life without parole on state charges but now faces a possible death penalty in the federal case.

Now Gendron's attorneys could seek an insanity defense.

“It doesn't come as great surprise to me, Eileen, that the defense is exploring all possible options to stave off the death penalty,” responded Terrance Connors, Buffalo attorney.

Connors reacting to the potential of an insanity defense. He represents seven family members of the ten victims killed in the racially motivated attack two years ago and three survivors, who were injured.

Attorneys appeared Tuesday in a Buffalo Federal Courtroom Tuesday. The judge told the defense it has until May 19, 2025, if they plan to file a notice of insanity. This would allow both the defense and prosecution to retain their experts.

"That immediately implicates an opportunity on the part of the prosecution to seek some type of an interview, some type of their own analysis by their own forensic mental expert, mental health expert. And so that process begins where it becomes dueling experts to talk about the state of mind of the individual at the time of the commission of these horrible acts,” Connors explained.

The U.S. Justice Department announced in January it will seek the death penalty against Gendron.

However the pre-trial could be a lengthy process for the families.

“I hope would be that this doesn't get too prolonged because it takes its toll on these wonderful families that we're trying to assist through this process and have them get to some closure,” replied Connors.

“But moving closure forward is really difficult now, because this death penalty trial looks like it's going to be a very lengthy situation from what I understand, the trial wouldn't start until 2025. The trial wouldn't start until September of 2025?” Buckley asked. “That's right and there is not a day that goes by that they don't think about what happened on May 14, so the longer this is prolonged, obviously the more pain and suffering they have to experience,” remarked Connors. “The biggest thing, I think is they are looking for some type of closure Eileen so they can move on with what they want to accomplish in life, and they can move away from this horrible memory."

As Western New York mourns with the families, 7 News also wishes to honor their memory.

BUFFALO MASS SHOOTING VICTIMS.jpg
 

Tops shooter’s death penalty trial set for next September​

An update in the federal trial for the man who killed 10 people and wounded three others in a mass shooting at a Tops grocery store in Buffalo: Peyton Gendron’s death penalty trial is set for September 2025. But as lawyers gathered in court Friday morning, Gendron was not among them.

Judge would like to see Tops shooter in court for proceedings​

The federal trial for the man who killed ten people and wounded three others is set for September 2025, but some victim's families believe it will be later based on legal motions being argued.

On Friday morning, lawyers argued procedural matters regarding the grand jury.

Barbara Massey Mapps, sister of the late Kat Massey said "I'm very disappointed. I was just hoping this was over by next year."

Payton Gendron is already serving a life sentence in state prison.

He was not in court.

Federal judge Lawrence Vilardo told his defense team "I want him here unless there's a good reason not."

One of the defense lawyers responded saying that "he is aware of what's going on."

Zeneta Everhart, mother of one of the surviving shooting victims said the shooter should be in the courtroom.

"I think he should be mandated. Being that it is his right to, you know, waive his appearance, but look what you did to my community. Right, look what you did to these families like you should have to come here and face us every time we're here. You should be here."

The next court date is scheduled for October.
 

Death penalty argued in Tops shooter's federal case​

If convicted of federal charges, Payton Gendron could be sentenced to death.

He was 18-year-old when he carried a mass shooting targeted at Black people at a grocery store on May 14, 2022.

Now his age is being argued by his legal team as a reason for taking the death penalty off the table as a possible sentence.

Lawyers for the defendant cited a case from nearly two decades ago where it was determined that the penalty was unconstitutional for people under 18 when they committed a crime.

U.S. District Judge Lawrence Vilardo has yet to rule on the motion. He also will decide if the defense can proceed with an evidentiary hearing on the matter.

After court, relatives of some of the victims spoke with reporters.

Garnell Whitfield said "questioning whether he's old enough to be charged, it was just technical arguments that I don't think have any merit. It's just delay tactics."

When asked about the age issue related to the death penalty, the youngest son of victim Pearl Young said, "I'm going to let the lawyers kind of dig into that. I don't want to give my opinion on it. I will say that if you look at the heinous act of the crime, I will find it a little difficult to see that that wasn't well planned out and mentally thought out. "

The shooter was not in court. The judge ruled he must have a signed affidavit next time he misses court in person.
 

Death penalty argued in Tops shooter's federal case​

If convicted of federal charges, Payton Gendron could be sentenced to death.

He was 18-year-old when he carried a mass shooting targeted at Black people at a grocery store on May 14, 2022.

Now his age is being argued by his legal team as a reason for taking the death penalty off the table as a possible sentence.

Lawyers for the defendant cited a case from nearly two decades ago where it was determined that the penalty was unconstitutional for people under 18 when they committed a crime.

U.S. District Judge Lawrence Vilardo has yet to rule on the motion. He also will decide if the defense can proceed with an evidentiary hearing on the matter.

After court, relatives of some of the victims spoke with reporters.

Garnell Whitfield said "questioning whether he's old enough to be charged, it was just technical arguments that I don't think have any merit. It's just delay tactics."

When asked about the age issue related to the death penalty, the youngest son of victim Pearl Young said, "I'm going to let the lawyers kind of dig into that. I don't want to give my opinion on it. I will say that if you look at the heinous act of the crime, I will find it a little difficult to see that that wasn't well planned out and mentally thought out. "

The shooter was not in court. The judge ruled he must have a signed affidavit next time he misses court in person.

He's 20 years old or so. I'd rather put him in prison for the rest of his life. Other prisoners will be greatly offended by his racist attack and won't treat him well.

(y)
 

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