Buffalo Shooter Fights Death Penalty: Shocking New Legal Moves Unveiled

BUFFALO, N.Y. — The perpetrator of the racially motivated mass shooting at Tops on Jefferson Avenue, who traveled over 200 miles with the intention of killing Black people, is now arguing that the maximum punishment he faces is excessively harsh.

Payton Gendron, the man responsible for the 2022 massacre that claimed the lives of 10 Black individuals in Buffalo, has had his attorneys file four motions in Federal Court on Monday. These motions seek to exempt the 20-year-old from the death penalty and dismiss the federal indictment altogether.

In their filings, Gendron's attorneys described the federal case as "cruel and unusual," given that he has already received the maximum state-level penalty of life in prison without parole. They argue that Gendron, who was 18 at the time of the shooting, should be treated differently from fully developed adults regarding the death penalty, citing that his brain was not yet fully mature.

Attorney Terry Connors, who represents the victims’ families, expressed surprise at the issues raised by the defense, noting that similar arguments have been decisively rejected in other federal circuits. “In California and the Midwest, these issues have been resolved,” Connors said. “They’re hoping the minority view will be adopted by our circuit, but there’s already a precedent.”

In January, the Department of Justice filed a notice of intent to seek the death penalty against Gendron. This decision elicited mixed reactions, echoing the divided opinions among family members of the victims before the announcement.

"I think no reason needs to be given. He committed a domestic terrorist attack, killing 10 unarmed African Americans while also affecting the lives of three more," said Mark Talley, who lost his mother Geraldine in the attack. Talley emphasized that he believes the gunman should spend the rest of his life contemplating his actions rather than be executed. "I would prefer he stays locked up for the rest of his life, surrounded by people who want to kill him every day," Talley said.

While some family members support the death penalty, Connors noted that all of them seek closure. “They want to move on with their lives,” he said. “They want to put this horrific event behind them and find something positive to come out of it.”

The decision to pursue the death penalty had been in the works for months, with several postponements making it uncertain how the Biden administration and Attorney General Merrick Garland would proceed. This marks the first time Garland has authorized a new case involving the death penalty.

New York does not practice capital punishment, and Gendron had already pleaded guilty to murder charges in November 2022, resulting in a life sentence without parole. His lawyers had previously indicated he would plead guilty to federal charges if the death penalty were taken off the table.

Gendron’s federal trial for hate crimes is set to begin on September 8, 2025.

Payton Gendron is escorted into Erie County Court in Buffalo, N.Y., for a hearingPhoto byMatt Rourke