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U.S. government opposing motions to take death penalty off table for Payton Gendron

Payton Gendron's attorneys argued he shouldn't be sentenced to death because of his age. The government disagreed.

BUFFALO, N.Y. — The federal government has filed two responses opposing motions by Payton Gendron's attorneys to take the death penalty off the table in connection to the Tops mass shooting that happened on May 14, 2022.

The attorneys for Gendron, who was convicted of killing 10 people, argued he shouldn't be sentenced to death because of his age. The government disagreed and said he should be eligible.

They also opposed a request for an evidentiary hearing. A judge must now rule on the issue.

The federal trial is scheduled to begin next September.

Just last month, a gun bust connected to a federal prisoner a thousand miles away in Louisiana began with an investigation following the racist mass shooting at Tops Friendly Markets in Buffalo

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