Buffalo shooter gets life without parole, but the federal court may say otherwise

On May 15, 2022, Payton Gendron shot and killed ten people and injured three others outside and inside a Buffalo, New York grocery store. Police described the event afterward as “violent extremism” that was “racially motivated”[1].

During his state trial, Gendron pleaded guilty to one count of domestic terrorism motivated by hate. Further, Gendron was charged with multiple accounts of first-degree murder, multiple accounts of attempted murder, and an account of weapon possession. These charges come with a life sentence without possible parole [2]. However, with pending federal charges, Gendron’s sentence could have a different outcome.

In 1999, New York ruled the death penalty unconstitutional and no longer imposes it as a sentence [3]. However, federal law permits the death penalty, including in certain cases where someone is convicted of first-degree murder. Gendron has been charged with multiple federal hate crimes, some or all of which could result in the death penalty. The Department of Justice defines a hate crime as a crime motivated by the victim’s perceived or actual race, color, religion, national origin, sexual orientation, gender, gender identity, or disability [4]. Gendron’s lawyers have said that Gendron will plead not guilty to the pending federal charges with the hope they can take the death penalty off the table [5].

The Department of Justice will likely evaluate Gendron’s actions leading up to the crime, like the precise words of his manifesto in which he describes himself as a white supremacist [6], or his choice of a location known as a place where black people shop. Regardless of the federal outcome, Gendron will never be eligible for parole under New York law, but the federal legal structure makes room for more severe penalties in cases where the accused has acted with a special kind of malice.