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Jury selection has started in the federal trial of Payton Gendron, the gunman behind the 2022 mass shooting at a Buffalo, New York supermarket. Gendron, who is already serving a life sentence without parole after pleading guilty to state charges, now faces federal charges that could lead to the death penalty. The attack at the Tops Friendly Market resulted in the deaths of 10 Black individuals and is considered one of the deadliest hate-motivated shootings in recent U.S. history.
The federal trial, which began Tuesday (October 13), involves 27 charges, including hate crimes. According to ABC7, the jury selection process could take six to eight weeks, with opening statements expected in December. Approximately 700 potential jurors are being questioned to find 12 jurors and six alternates.
Gendron's defense team acknowledges his guilt but aims to avoid the death penalty. "Nothing will change the fact that Payton Gendron will die in prison," the federal public defender’s office stated. The Times Union reports that the defense plans to present mitigating evidence during the trial.
The shooting, which Gendron livestreamed, involved firing around 60 shots from a semiautomatic rifle. Investigators found writings by Gendron promoting a baseless "great replacement theory" and targeting non-white and non-Christian individuals. The victims, all Black, ranged in age from 32 to 86, including Celestine Chaney, Geraldine Talley, and Ruth Whitfield.
The U.S. Justice Department decided in 2024 to seek the death penalty, marking the first capital case overseen by then-Attorney General Merrick Garland. WHAM notes that potential jurors are being asked about their views on life sentences and the death penalty.
Some victims' families have mixed feelings about the death penalty. Wayne Jones Sr., whose mother was killed, prefers Gendron to serve life in prison, while Zeneta Everhart, whose son survived, believes pursuing the death penalty is important. The trial is expected to reveal more about the factors leading to the attack, including radicalization and societal issues.