BUFFALO, N.Y. — More than one year after the Tops mass shooting in May of 2022, some new developments are taking shape in the legal proceeding against the defendant.
That includes changes in federal court here in Buffalo involving who will now oversee the case. We are also learning about new discussions involving the possibility of the death penalty for the gunman.
First off, we will clarify again that Payton Gendron has already pleaded guilty, in February, to the mass shooting and murders with his sentencing to life in prison without parole, so that resolved that state court level case against him.
Now there is a focus on the ongoing federal level case. Federal District Court Judge Lawrence Villardo has taken over the case from Magistrate Judge Kenneth Schroeder.
It may seem like a simple procedural move as favored by prosecution and defense, but it does allow the federal case to be streamlined. We are told motions and issues that may or may not have been challenged from decisions issued by Federal Magistrate Schroeder, such as access to evidence sought by victim's families for a separate civil case, will simply now go before Judge Villardo.
It also came out Wednesday in court that there will be a September meeting for top officials from the U.S. Justice Department, local prosecutors from the U.S. Attorney's office and the public defenders who will, obviously, advocate for life in prison. They will discuss and debate the death penalty elements, which are still on the table here.
Attorney John Elmore is handling that civil case but has knowledge of the death penalty discussions before what is called a capital committee, as in capital punishment, and they will in turn advise the U.S. Attorney General, who makes the ultimate call.
Elmore said, "It's a decision that's going to have to be made by Merrick Garland, and he's going to have all of the evidence and understand all the circumstances of what lead up to this homicide and make that decision. And that evidence is going to be presented to him on September 18."
Elmore added: "Part of the process in a federal death penalty case is the defense lawyers are allowed to present evidence to a committee that's called a Capital Committee in Washington DC, and they present their case for life. One of the things that the defense attorneys will say is that he's already pled guilty. He pled guilty early. He's no longer a danger to anyone, and so why try him again? Probably, they're going to make other arguments to say how he was radicalized by the social media platforms."
Now we do not expect any actual decision on September 18 as to whether or not the Justice Department will opt for a death penalty element. But the top level discussions will be underway one way or the other even as the federal trial could eventually proceed.
As previously reported the Biden Administration reportedly has a moratorium on any actual executions but those discussions can go on.
Elmore says victim's families are still very much mixed with their opinions on whether the death penalty should be applied to Gendron.