NATIONAL NEWS

Prosecutors will seek death penalty for white supremacist who killed 10 at Buffalo supermarket

Jan 11, 2024, 9:31 PM | Updated: Jan 12, 2024, 9:38 am

BUFFALO, N.Y. (AP) — Federal prosecutors will seek the death penalty against a white supremacist who killed 10 Black people at a Buffalo supermarket, they said in a court filing Friday.

Payton Gendron, 20, is already serving a sentence of life in prison with no chance of parole after he pleaded guilty to state charges of murder and hate-motivated domestic terrorism in the 2022 attack.

New York does not have capital punishment, but the Justice Department had the option of seeking the death penalty in a separate federal hate crimes case. Gendron had promised to plead guilty in that case if prosecutors agreed not to seek the death penalty.

In a notice announcing the decision to seek the death penalty, Trini Ross, the U.S. attorney for western New York, wrote that Gendron had selected the supermarket “in order to maximize the number of Black victims.”

The notice cited a rage of factors for the decision, including the substantial planning leading to the shooting and the decision to target at least one victim who was “particularly vulnerable due to old age and infirmity.”

Relatives of the victims had expressed mixed views on whether they thought federal prosecutors should pursue the death penalty. After meeting with prosecutors hours before a Friday hearing in the case, one of the relatives, Mark Talley, shared his thoughts.

“I’m not necessarily disappointed in the decision. … It would have satisfied me more knowing he would have spent the rest of his life in prison being surrounded by the population of people he tried to kill,” said Talley, whose 63-year-old mother Geraldine Talley was killed.

“I would prefer he spend the rest of his life in prison suffering every day,” he added.

Several other family members of victims left without speaking.

The Justice Department has made federal death penalty cases a rarity since the election of President Joe Biden, a Democrat who opposes capital punishment. This is the first time Attorney General Merrick Garland has authorized a new pursuit of the death penalty. Under his leadership, the Justice Department has permitted the continuation of two capital prosecutions and withdrawn from pursuing death in more than two dozen cases.

Garland instituted a moratorium on federal executions in 2021 pending a review of procedures. Although the moratorium does not prevent prosecutors from seeking death sentences, the Justice Department has done so sparingly.

It successfully sought the death penalty for a antisemitic gunman who murdered 11 people at a Pittsburgh synagogue, which had been authorized as a death penalty case before Garland became attorney general.. It also went ahead last year with an effort to get the death sentence against an Islamic extremist who killed eight people on a New York City bike path, though a lack of a unanimous jury meant that prosecution resulted in a life sentence.

The Justice Department has declined to pursue the death penalty in other mass killings. It passed on seeking the execution of a gunman who killed 23 people at a Walmart in El Paso, Texas.

On May 14, 2022, Gendron attacked shoppers and workers with a semi-automatic rifle at a Tops Friendly Market in Buffalo after driving more than 200 miles (320 kilometers) from his home in rural Conklin, New York.

He chose the business for its location in a predominantly Black neighborhood and livestreamed the massacre from a camera attached to his tactical helmet.

The dead, who ranged in age from 32 to 86, included eight customers, the store security guard and a church deacon who drove shoppers to and from the store with their groceries. Three people were wounded but survived.

The rifle Gendron fired was marked with racial slurs and phrases including “The Great Replacement,” a reference to a conspiracy theory that there’s a plot to diminish the influence of white people.

___

Associated Press writers Jake Offenhartz in New York and Lindsay Whitehurst in Washington

National News

Juanita Beach Kirkland...

Kathy McCormack and Nick Perry, The Associated Press

‘Tis the season for swimming and bacteria alerts in lakes, rivers

With summer about to start, many people flocking to their favorite swimming holes may also want to read up on bacteria warnings.

6 hours ago

Associated Press

Couple rescued from desert near California’s Joshua Tree National Park after running out of water

RIVERSIDE, Calif. (AP) — A couple hiking in the desert south of Joshua Tree National Park in Southern California was rescued after running out of water, authorities said. On Sunday, the man called 911 and reported that his girlfriend was dehydrated and weak, according to a statement from the Riverside County Sheriff’s Office posted Monday […]

6 hours ago

Associated Press

Crews rescue 28 people trapped upside down high on Oregon amusement park ride

PORTLAND, Ore. (AP) — Emergency crews in Oregon rescued 28 people Friday after they were stuck for about half an hour dangling upside down high on a ride at a century-old amusement park. Portland Fire and Rescue said on the social platform X that firefighters worked with engineers at Oaks Park to manually lower the […]

7 hours ago

Associated Press

Independent report criticizes Cuomo’s ‘top-down’ management of New York’s COVID-19 response

NEW YORK (AP) — An investigation into New York’s handling of the COVID-19 pandemic found former Gov. Andrew Cuomo’s “top down” approach of dictating public health policy through his office, rather than coordinating with state and local agencies, sewed confusion during the crisis. In the state’s nursing homes, where some 15,000 people died, the administration’s […]

7 hours ago

Associated Press

Judge dismisses lawsuit challenging federal rules to accommodate abortions for workers

CHICAGO (AP) — A lawsuit filed by 17 states challenging federal rules entitling workers to time off and other accommodations for abortions lacks standing, a federal judge in Arkansas ruled on Friday. Republican attorneys general from each state, led by Arkansas and Tennessee, sued the Equal Employment Opportunity Commission in April, days after the agency […]

8 hours ago

Associated Press

Guest lineups for the Sunday news shows

WASHINGTON (AP) — ABC’s “This Week” — Treasury Secretary Janet Yellen; Sen. Tim Scott, R-S.C. ___ NBC’s “Meet the Press” — Reps. Byron Donalds, R-Fla., and Ro Khanna, D-Calif. ___ CBS’ “Face the Nation” — Rep. Mike Turner, R-Ohio; Microsoft founder Bill Gates; Neel Kashkari, president of the Federal Reserve Bank of Minneapolis. ___ CNN’s […]

9 hours ago

Prosecutors will seek death penalty for white supremacist who killed 10 at Buffalo supermarket