BUFFALO, N.Y. — A federal appeals court has ruled prosecutors may present three “disputed aggravating factors” in the death penalty case of Payton Gendron if the Buffalo mass shooter’s case reaches sentencing.
Gendron shot and killed 10 Black people in 2022 at the Tops Market in Buffalo. The ruling means prosecutors can present three important considerations on whether to actually grant the death penalty.
Those factors are impact on surviving victims; Gendron’s alleged attempt to inspire additional acts of violence; and his racist motive.
The case now returns to the district court. Opening statements begin this Thursday.
Gendron is already serving 10 life sentences after pleading guilty to murder on state charges.
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