BUFFALO, NY (WKBW) — The white supremacist who murdered ten people and injured three at the Tops Market on Jefferson Avenue in Buffalo is no longer being held at the Erie County Holding Center in downtown Buffalo.
Payton Gendron, 19, was transferred Thursday to the Livingston County Jail after appearing in federal court in Buffalo for a status conference, just one day after being sentenced to life without parole on state charges.
The gunman agreed to be transferred into the temporary custody of U.S. Marshals until the federal 27-count indictment is concluded.
But in the meantime, U.S. Attorney General Merrick Garland will be the one to decide if they will seek the death penalty.
The Tops shooter agreed in court Thursday to be transferred. He responded “yes” to U.S. Magistrate Judge Kenneth Schroeder when asked if he agrees with his defense team's request to be placed in the custody of the federal marshals.
The federal case against the gunman includes ten counts of hate crimes and firearms charges.
“We don't know what they're going to do. We’re waiting just like everybody else at this point, but would a trial be good? Yeah, for me personally it would be good. I've said it before, I don't believe in the death penalty, that's just who I am generally, but I believe a trial will put domestic terrorism on trial — it will put racism on trial,” Zeneta Everhart declared.
The judge asked attorneys about moving this case forward as the public has a right to a speedy trial.
“Continues to move…and doesn’t remain stagnant”, stated Judge Schroeder.
Everhart, whose son Zaire Goodman was injured and survived the Tops shooting, and Ebony White, who lost her uncle, HeywardPatterson, say they are not in favor of the death penalty, but a trial would let Americans see the truth about racism.
“The trial will show the ugly truth. It will talk about the actions of one person, but the collective of what is breeding around racism— systematic racism,” remarked White
“And we have to deal with racism. We have to deal with domestic terrorism and we have to talk about it and we have to name those things and the only way to do that is to put racism on trial,” responded Everhart.
While both say a death penalty trial would be very taxing and difficult on families, if it happens, they will still be there each day to watch it play out.
“It's important that you go see your opponent, which is hate. It’s important that you show up and let the know you did not scare me away — you did not make hurry or hide,” White remarked.
“I need to be in the space of the man who tried to kill my kid. I just do. I don't know why, I don’t. I just want to be here though,” Everhart reflected.
The next federal court appearance for the gunman is set for March 10, at 10:30 a.m. for a status conference and that is the same date the judge has ordered the count-down to the federal trial to begin within 120 days.
The judge said they will also discuss possible scheduling orders and an update on the status of the case.
