DOJ seeks death penalty for man charged in racist mass shooting at grocery store in Buffalo

The man who shot and killed 10 Black people in a racist rampage at a supermarket in Buffalo, New York, nearly two years ago may now face the death penalty, according to a new court filing.

Federal prosecutors filed notice Friday that they intend to seek the execution of Payton Gendron, who already is serving multiple life sentences with no chance of parole after pleading guilty to state charges of murder and domestic terrorism motivated by hate.

The decision marks the first time under President Joe Biden that the US Department of Justice has authorized a new pursuit of the death penalty.

"Payton Gendron expressed bias, hatred, and contempt toward Black persons and his animus toward Black persons played a role in the killings," prosecutors said in the filing.

They ticked off a list of the slain: Roberta Drury, Pearl Young, Heyward Patterson, Ruth Whitfield, Celestine Chaney, Aaron W. Salter, Jr., Andre Mackniel, Margus Morrison, Katherine Massey, and Geraldine Talley.

Terrence Connors, an attorney for families of the victims, told USA TODAY Friday that they were split on whether Gendron should face the death penalty or life in prison. But he said they are relieved to learn a decision has been made and uncertainty eliminated about the status of the case and possible sentence.

"It doesn't eliminate the pain and trauma they experienced," Connors said.

An attorney for Gendron, Sonya Zoghlin, said she was “deeply disappointed” by the government’s decision and noted Gendron was 18 at the time of the shooting.

“Rather than a prolonged and traumatic capital prosecution, the efforts of the federal government would be better spent on combatting the forces that facilitated this terrible crime, including easy access to deadly weapons and the failure of social media companies to moderate the hateful rhetoric and images that circulate online,” Zoghlin said in a statement.

A federal grand jury indicted Gendron in July 2022 on 27 counts related to the shooting at Tops supermarket in May 2022. Gendron live-streamed the shooting online. Prosecutors learned that he targeted the area because of its Black population and was motivated by white supremacist hate and extremism.

Survivors of the mass shooting are suing social media companies, manufacturers of the shooter's weapons and body armor and the shooter's parents in August 2023 for failing to act and prevent the mass shooting from happening. Families of the slain victims filed a similar lawsuit in July 2023.

What happened during the Tops Friendly Market shooting?

Gendron drove more than 200 miles from his home in Conklin, New York, to the Tops Friendly Market in a largely Black Buffalo neighborhood on May 14, 2022.

He shot 13 people with a semi-automatic rifle, including eight supermarket customers, the store security guard and a church deacon who drove shoppers to and from the store with their groceries. Three people survived.

The rifle bore markings with racist slurs and Gendron had posted writings online about conspiracy theories, including the racist "replacement theory" that fallaciously contends white Americans are being systematically “replaced” by people of color. He had said in the online documents that believed the shooting would help preserve white people in the U.S. He apologized during court hearings last year.

Gendron serving 11 life sentences for state charges

Gendron is currently serving 11 life sentences imposed by Erie County Court Judge Susan Eagan in February 2023. He pleaded guilty in November 2022 to more than a dozen charges that included murder and domestic terrorism motivated by hate.

Families of the victims shared emotional messages about their slain loved ones and condemned the racism that fueled the shooting.

On Friday, prosecutors met with several members of victim's families before announcing they will seek the death penalty in the case.

Pamela Pritchett, whose 77-year-old mother, Pearl Young, was killed in the attack, said the mood was somber.

“I will be scarred. Everybody, every family, the community of the East Side, we’re all gonna be scarred,” she said. “For me, my goal is to look at the scar and know that I am healed.”

Contributing: Associated Press; N'dea Yancey-Bragg, Will Carless USA TODAY

Contact reporter Krystal Nurse at knurse@USATODAY.com. Follow her on X, formerly known as Twitter, @KrystalRNurse.