Federal prosecutors to seek death penalty for gunman who killed 10 in New York state supermarket

HOUSTON, United States

Federal prosecutors announced Friday that they will be seeking the death penalty against the shooter who murdered 10 people at a Buffalo, New York supermarket in 2022, according to media reports.

Payton Gendron, 20, is facing multiple hate crimes and firearms charges in the racially-motivated shooting at the Tops Supermarket on May 14, in which he targeted Black people.

This is the first time the US Justice Department has pursued the death penalty under President Joe Biden's administration.

The motion comes even though Gendron is already serving a life sentence after pleading guilty last year to state murder and terrorism charges.

"(The) United States believes the circumstances ... of the Indictment are such that, in the event of a conviction, a sentence of death is justified," according to the Justice Department filing.

Gendron's attorneys previously said their client would consider pleading guilty to the federal charges if the death penalty was removed.

Prosecutors said the reason for seeking the death sentence was because Gendron "intentionally killed" his victims in a blatant act of racism.

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

Relatives of the victims spoke to reporters after the Justice Department made its announcement.

"I’m not necessarily disappointed at the decision," said Mark Talley, whose mother, Geraldine Talley, was killed in the shooting. "It would have satisfied me more knowing he would have spent the rest of his life in prison being surrounded by the population of people who he tried to kill."

The next court date for Gendron is scheduled for Feb. 2.