BUFFALO, N.Y. (AP) Jury selection commenced on Tuesday for the federal hate crime trial of Payton Gendron, who admitted to the mass shooting that claimed the lives of 10 Black individuals at a Tops Friendly Market in Buffalo, New York, in May 2022. This high-profile case has the potential to result in a rare death sentence.
Gendron, now 23 years old, is already serving a life sentence after pleading guilty to state murder charges and expressing remorse for his past white supremacist beliefs. He is currently facing a federal trial stemming from the same incident, with the possibility of facing the death penalty if convicted on multiple hate crime and gun charges, to which he has pleaded not guilty.
The attack is recognized as one of the deadliest hate-motivated shootings targeting Black people in the United States by a lone gunman within the last century. The jury selection process, which could take several days, marks the beginning of a legal battle with significant stakes. While Gendron’s lawyers anticipate a conviction, they plan to present mitigating evidence during the trial to persuade jurors to spare him from execution, should he be found guilty.
During jury selection, potential jurors were questioned by U.S. District Judge Lawrence Vilardo and the defense team, with one juror expressing reluctance to serve due to the stress related to viewing a video Gendron livestreamed during the shooting. Discussions also touched upon opinions regarding the death penalty, with some jurors stating they could render an impartial decision on mitigating and aggravating factors.
The testimonies from Gendron’s lawyers indicate they will explore various aspects of his life, seeking to humanize him and mitigate the jury's response regarding the severity of the crime. One juror, a teacher, was dismissed after commenting that white nationalism and mass shootings represent a “cancer” in society and suggested that a “life for a life” might be a fair consequence for such extreme actions.
On May 14, 2022, Gendron traveled over 200 miles from Conklin, a predominantly white town, to Buffalo, where he opened fire on supermarket employees and shoppers. He fired approximately 60 rounds from a semiautomatic rifle, and footage revealed he even apologized to a white employee whom he shot. Investigations into Gendron's social media confirmed that he propagated racist conspiracy theories, aiming to intimidate non-white individuals into leaving the country, while endorsing the “great replacement theory.”
The ten victims, all Black and aged between 32 to 86, included individuals like Celestine Chaney, Geraldine Talley, Katherine Massey, and Aaron Salter, a retired police officer serving as a security guard during the attack. Following the shooting, the Justice Department, under President Joe Biden, made the decision to pursue the death penalty against Gendron in 2024, rejecting a proposal from him for a plea bargain that would result in a life sentence.
Opinions on the death penalty among the families of the victims vary. Wayne Jones Sr., son of victim Celestine Chaney, expressed his belief that Gendron should be sentenced to life imprisonment rather than execution, advocating for prolonged suffering through years of appeals instead of an immediate death. He pointed out a shift in his perspective over the years regarding capital punishment.
Hate crime statistics continue to reveal that Black individuals remain the most targeted demographic, with data from the FBI indicating that over 2,800 anti-Black hate crime incidents were reported in 2025 alone, nearly three times the number aimed at Latinos. The shooting in Buffalo, alongside the incident in Charleston, South Carolina, reflects how escalating online radicalization can lead to acts of domestic terrorism.
Local leader Zeneta Everhart, who has a son who survived the Buffalo shooting, emphasized the importance of addressing hate crime enhancements as a deterrent. She categorically labeled the incident as domestic terrorism and expressed her support for pursuing the death penalty in this case, while remaining assured that justice will be delivered regardless of the outcome.
Another victim's son, Garnell Whitfield, who lost his mother Ruth in the shooting, expressed that he did not have a definitive opinion regarding the death penalty for Gendron but hoped the trial would shed light on the underlying societal factors contributing to hate-based violence.
