BUFFALO, N.Y. — 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.
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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.