Buffalo, New York – President Joseph Biden’s administration’s choice to pursue the death penalty for a racist who killed 10 Black people in a Buffalo supermarket stands in contrast to Biden’s prior stance against the death penalty. Legal experts and families of the victims are divided over this decision.
In response to the administration’s decision, Karen Pita Loor, a clinical law professor at Boston University, noted the inconsistency with Biden’s previous campaign promise to eliminate the federal death penalty. Last month, the Justice Department announced that it would seek the death penalty for Payton Gendron, who carried out the mass shooting at a Buffalo Tops Friendly Market in May 2022, resulting in the death of 10 people and injuring two others.
The families of the victims are split on the issue, with some advocating for Gendron’s execution, while others oppose it. Garnell Whitfield Jr., whose mother was among those killed in the shooting, acknowledged the different perspectives within the group.
The trial for Gendron is expected to take place in late 2025, with the jury ultimately deciding the punishment after a guilty verdict. However, the days leading up to the trial continue to bring anguish to the families of the victims.
As a way of analyzing the decision, legal experts pointed out that Attorney General Merrick Garland has been inconsistent in his approach to death penalty cases, declining to pursue it in some instances while approving it in others.
The Justice Department has also taken into consideration the racist foundation of Gendron’s crimes in its decision to pursue the death penalty. Meanwhile, the federal moratorium on executions initiated by Garland provides an opportunity for reviewing the fairness of federal death penalty cases and execution methods.
In the midst of the ongoing debate, Whitfield emphasized his focus on civil suits against online companies that facilitated the racist communications and those responsible for the sale of the firearm and body armor used in the shooting. This approach aligns with their commitment to seeking incremental change over time.
Legal professionals involved in the case anticipate that jury selection and the trial itself will be prolonged, with the potential for a change of venue for the trial away from Buffalo.
The decision to pursue the death penalty for Gendron has ignited a broader conversation about the administration’s approach to the federal death penalty, prompting varied perspectives from legal experts, victims’ families, and the ongoing efforts to seek justice for the victims.