Lawyers representing Payton Gendron, the shooter responsible for the tragic deaths at Tops Supermarket on Jefferson Avenue, are requesting a federal judge to dismiss the entire federal case against their client arguing that the death penalty, which is being sought by the federal government, is cruel and unusual punishment.
In a court filing, Gendron's lawyers assert that the federal death penalty case is not in the public interest and is unnecessary to secure substantial justice. They point out that Gendron has already been sentenced to life in prison in New York State under hate crime statutes, making the federal case duplicative. The lawyers question the federal government's rationale for pursuing the prosecution, stating that it will only serve to delay the resolution of the matter for years, if not decades.
The defense attorneys highlight that Gendron pleaded guilty to all charges in the state indictment and was subsequently sentenced to life in prison without parole plus 90 years. They argue that the State of New York has already demonstrated its commitment to prosecuting Gendron to the fullest extent and ensuring justice is served. They question the need for the federal government to intervene when the state has already taken appropriate action.
Gendron meticulously planned his attack, specifically targeting a highly-populated Black neighborhood to maximize the impact of his actions. He drove from Conklin, New York to Buffalo and opened fire at Tops Friendly Market on Jefferson Avenue on May 14, 2022. He was apprehended by Buffalo police in the Tops parking lot on the same day.
In November 2022, Gendron pleaded guilty to state charges and was sentenced to life without parole in February 2023. Now, at almost 21 years old, he remains in the Livingston County Jail as the federal case against him continues.
The defense attorneys argue that Gendron should be excluded from the death penalty due to his age at the time of the shooting. They emphasize that the brain continues to develop into the early 20s, and executing individuals under the age of 21 goes against the evolving consensus and community standards endorsed by the Supreme Court. They cite a report by the United States Sentencing Commission which defines youthful offenders as individuals aged 25 or younger at the time of sentencing in the federal system.
According to the defense, scientific evidence supports the notion that individuals under 21 should not be treated as fully developed adults and should be exempt from capital punishment. They point out that only a small number of states have young individuals on death row, reflecting a broader trend away from executing 18-year-olds.
The defense lawyers explicitly state that individuals like Payton Gendron, who were 18 years old at the time of their charged capital offenses, should be treated differently under the Supreme Court's Eighth Amendment death-penalty jurisprudence. They argue that the ongoing brain development in individuals of this age results in lesser culpability, which is recognized in the country's laws and practices.