BUFFALO, N.Y. — While the state case against the white supremacist gunman who killed 10 people in a racism-fueled attack in Buffalo has wrapped up, the federal hate crime case against him still has a crucial question unanswered.
Will federal prosecutors pursue the death penalty?
New details about the discussion for and against that sentence were shared during a procedural hearing Thursday in U.S. District Court in Buffalo, at which the defense was also granted permission to move their client into the temporary custody of the U.S. Marshals while the case plays out.
Gendron spoke only once, answering "yes" when Judge Kenneth Schroeder Jr. asked if he agreed to the transfer.
The 19-year-old was sentenced just the day before to life in prison without the possibility of parole on state charges including murder and domestic terrorism, which Judge Schroeder said established guilt.
The defense has already indicated that their client would plead guilty to all 27 counts in a federal indictment, if the death penalty is dropped and the case does not proceed to trial.
Judge Schroeder, while not "attempting to rush anybody," said he would proceed to trial if a decision about the case is not made by March 10, when another meeting is scheduled with the defense and prosecution. Referencing both the defense's position and a 120 requirement, which could result in the case going to trial this summer.
During Thursday's hearing, Assistant U.S. Attorney Joseph Tripi shared that discussions about the death penalty have occurred in Western New York with DOJ higher-ups but that a follow-up in Washington D.C. had not.
To date, U.S. Attorneys General Merrick Garland has not ruled out an execution.
The families of the victims later shared that they would have been asked about their feelings on the subject and had met with members of the U.S. Attorney's Office.
"We don't know what they're going to do we're waiting just like everybody else at this point," said Zeneta Everhart, whose son, Zaire, was shot during the tragedy on May 14, 2022.
"I don't believe in the death penalty. That's just who I am, generally, but I believe a trial would put domestic terrorism on trial, it will put racism on trial," Everhart added.
The niece of Deacon Heyward Patterson, Ebony White, who also attended Thursday's court appearance, called the whole thing a "painful process" but recognized the need to "ensure all the I's are dotted and T's are crossed."
"The trial would show the ugly truth it would talk about the actions of one person, but also the collective of what's breeding around racism, systematic racism," White said.
As of Thursday evening, inmate records show that Gendron was being held at Livingston County Jail after being transferred out of the custody of the Erie County Sheriff's Office.