BUFFALO, N.Y. — On Friday, 19-year-old gunman who carried out the racially motivated mass shooting at the Tops grocery store on Jefferson Avenue was back in federal court.
On Nov. 28, Payton Gendron pleaded guilty to all state charges against him in the mass shooting. In court on Friday, Gendron's lawyer said Gendron would be willing to plead guilty to federal charges if he is spared the death penalty.
Prosecutors say a decision has not yet been made on whether to pursue a death penalty case.
Gendron was indicted in July on hate crimes and weapons counts.
The 27-count federal indictment contains special findings, including that Gendron engaged in substantial planning to commit an act of terrorism and took aim at vulnerable older people — specifically 86-year-old Ruth Whitfield, 77-year-old Pearl Young, 72-year-old Katherine Massey, 67-year-old Heyward Patterson and 65-year-old Celestine Chaney.
Gendron pleaded guilty to all state charges against him last week on Nov. 28, including:
- One count of Domestic Act of Terrorism Motivated by Hate in the First Degree (Class “A-I” felony)
- Ten counts of Murder in the First Degree (Class “A-I” felonies)
- Three counts of Attempted Murder in the Second Degree as a Hate Crime (Class “A-I” felonies)
- One count of Criminal Possession of a Weapon in the Second Degree (Class “C” violent felony)
Every victim was targeted because of their race, Flynn said, noting that Gendron spared and even apologized to a white person during the attack. He modified a rifle into an illegal assault weapon so that he could kill as many African Americans, in as short a period of time, as he could, Flynn said.