Relatives of the victims in a racially motivated mass shooting have been called to federal court Friday for a "substantial update" in the case against the gunman, their attorney told The Associated Press.
The families have been waiting to hear whether or not prosecutors will seek the death penalty against Payton Gendron, the then 19-year-old gunman who is charged in a federal indictment with hate crimes and weapon charges.
On May 14, 2022, a White gunman, Payton Gendron, murdered 10 people at a Tops Friendly Markets grocery in a predominately Black neighborhood. Gendron wore bullet-resistant armor and a helmet armed with a live streaming camera as he executed his attack with a semiautomatic rifle. Authorities revealed to AP that the weapon was purchased legally but had been modified so that Gendron could load it with illegal high-capacity magazines.
Those killed in Gendron's attack ranged in age from 32 to 86. They included a church deacon, the grocery store's guard, a man shopping for a birthday cake, a grandmother of nine, and the mother of a former Buffalo fire commissioner.
Lawyers for Gendron previously said he would consider pleading guilty to the federal charges if the death penalty was taken off the table. He was ultimately sentenced to life in prison without the possibility of parole on state charges in February 2023, after pleading guilty to 15 charges, including domestic terrorism activated by hate, murder, and attempted murder. New York does not have capital punishment, however, executions are possible in federal cases.
In an article published by ABC News, the filing noted that the "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."
Justice Department officials have been deliberating on whether Gendron will face the death penalty in the federal case, which has delayed the start of the trial, CNN reported. The United States Department of Justice did not provide any further information to CNN when pressed on the announcement.
Attorneys for Gendron and his parents did not respond to emailed requests for comment, nor did the U.S. attorney's office in Buffalo.
The status hearing is scheduled for Friday at 2 p.m.
