BUFFALO, N.Y. (WKBW) — Payton Gendron faces a 27-count federal indictment for killing ten of our neighbors at the Tops on Jefferson Avenue more than a year ago. The federal case against him continued on Wednesday. Gendron did not appear in court as he waived his right.
Gendron's lawyers now have a set date on when they will meet with the Department of Justice Capital Case Committee. On September 18th, the defense team will present what they say is mitigating evidence. This is in an effort to persuade Attorney General Merrick Garland to not seek the death penalty for the Tops mass shooter.
If the defense team has its way, Gendron will enter a guilty plea and be sentenced to life without parole.
A referral order was rescinded, which removed Magistrate Judge Kenneth Schroeder from the pretrial hearings. Distirct Judge Lawrence Vilardo will take over, only doing so for "judicial economy."
In a court filing, the defense noted that the switch in judges will provide "efficiency" and avoid burdening the victims and their families by increasing the number of court appearances they have to attend.
There will be another status conference on October 20th.
