A federal judge has denied a motion and upheld the possibility of the death penalty in the federal case against the man responsible for the mass shooting at a Buffalo TOPS in 2022.
Payton Gendron killed 13 people in a racially motivated shooting and was sentenced to life without parole on state charges in February 2023.
Gendron’s attorneys had motioned against the death penalty claiming that prosecutors “allegedly abused the grand jury process,” but Judge Lawrence Vilardo denied this motion.
Gendron’s attorneys are still able challenge any evidence used during the trail through a separate motion.
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