BUFFALO, NY (WKBW) — One week after our community marked two years since the mass shooting at Tops on Jefferson, the gunman's defense team may now be pursuing a new strategy in court.
Payton Gendron is already serving life without parole on state charges but now faces a possible death penalty in the federal case.
Buffalo mass shooting gunman sentenced to life without parole on state charges
Now Gendron's attorneys could seek an insanity defense.
“It doesn't come as great surprise to me, Eileen, that the defense is exploring all possible options to stave off the death penalty,” responded Terrance Connors, Buffalo attorney.
Connors reacting to the potential of an insanity defense. He represents seven family members of the ten victims killed in the racially motivated attack two years ago and three survivors, who were injured.
Attorneys appeared Tuesday in a Buffalo Federal Courtroom Tuesday. The judge told the defense it has until May 19, 2025, if they plan to file a notice of insanity. This would allow both the defense and prosecution to retain their experts.
"That immediately implicates an opportunity on the part of the prosecution to seek some type of an interview, some type of their own analysis by their own forensic mental expert, mental health expert. And so that process begins where it becomes dueling experts to talk about the state of mind of the individual at the time of the commission of these horrible acts,” Connors explained.
The U.S. Justice Department announced in January it will seek the death penalty against Gendron.
Department of Justice to seek death penalty in federal case against Buffalo mass shooting gunman
However the pre-trial could be a lengthy process for the families.
“I hope would be that this doesn't get too prolonged because it takes its toll on these wonderful families that we're trying to assist through this process and have them get to some closure,” replied Connors.
“But moving closure forward is really difficult now, because this death penalty trial looks like it's going to be a very lengthy situation from what I understand, the trial wouldn't start until 2025. The trial wouldn't start until September of 2025?” Buckley asked. “That's right and there is not a day that goes by that they don't think about what happened on May 14, so the longer this is prolonged, obviously the more pain and suffering they have to experience,” remarked Connors. “The biggest thing, I think is they are looking for some type of closure Eileen so they can move on with what they want to accomplish in life, and they can move away from this horrible memory."
As Western New York mourns with the families, 7 News also wishes to honor their memory.
- Aaron Salter
- Ruth Whitfield
- Roberta Drury
- Pearl Young
- Katherine Massey
- Margus Morrison
- Celestine Chaney
- Geraldine Talley
- Andre Mackniel
- Heyward Patterson
The 5/14 Honor Space outside the Tops on Jefferson Avenue was unveiled on 5/14/2024
