BUFFALO, N.Y. (WKBW) — The defense attorneys representing the gunman who killed 10 people and injured three others in the Buffalo mass shooting have asked for more time in the federal case against him.
Payton Gendron, 19, pleaded guilty in November 2022 to all charges he faced on the state level. In February he was sentenced to life without parole on those state charges.
He also faces more than 25 charges on the federal level. In December 2022, the defense attorneys representing him said that he would be prepared to plead guilty to the federal charges under similar terms to his plea on the state charges if the government did not seek the death penalty.
The federal case continues to move forward and there is still the chance of the death penalty.
On Friday, attorneys from both sides appeared in federal court. The gunman was noticeably absent after waiving his right to an appearance.
The prosecutors told U.S. Magistrate Judge Kenneth Schroeder they are ready to move forward with a trial and for a scheduling order. Prosecutors also presented a timeline leading up to a trial.
"They should be ready to try it," one of the prosecutors said. The prosecutors noted that 13 families and victims deserve that respect and dignity to move this along.
The defense counsel said they still need more time to go through all of the evidence including 4.1 terabytes of material in this mass shooting case. "It's our job to decide that and give our client what he deserves," the defense said.
The prosecutors pushed back noting that out of all of the body cam videos they turned over to the defense, there are only four notable videos to review. Still, the defense said it is their obligation to sift through all of the evidence.
Zeneta Everhart's son, Zaire Goodman, survived the Tops shooting. She said this delay is frustrating for her and the other victims' families.
"This hard. Every day. Every time we have to come to court we're just tired of it. We get it that the defense has a job to do but at the same time, they know he's guilty too so let's get on with it at this point," Everhart said.
The defense asked for 90 days to finish reviewing evidence.
"I do have to try and keep this thing moving," Judge Schroeder said.
Judge Schroeder granted this extension but asked the defense to ensure they get through all of the evidence. He also asked that the prosectors ensure the Department of Justice move forward with making a decision on the case.
U.S. Attorney General Merrick Garland will be the one to decide if there is a death penalty.
The Buffalo gunman is being held at the Livingston County Jail. The federal case against the gunman includes ten counts of hate crimes and firearm charges.
With the extension, attorneys will return to court on June 8th and June 15th for another status conference.
