Skip to main content

New York | Months after Buffalo massacre, families still split on death penalty

Top Justice Dept. official visits to launch an anti-hate crime initiative as community weighs punishment for alleged Tops market shooter

Months after his mother, Geraldine, and 9 other Black people died in a Buffalo grocery store at the hands of a White gunman, Mark Talley still wrestles with a question that haunts the victims’ families: What is the appropriate punishment for the perpetrator of such a heinous, racist crime?

“Some days, I want him killed in the most painful way — take it back to Genghis Khan’s time, give him as much pain as possible,” Talley said in a telephone interview this week. But in other moments of reflection, Talley, who recently launched a nonprofit community organization called “Agents for Advocacy,” has another view: “I don’t want death. I want him to suffer in jail” for the rest of his life.

Talley and others whose lives were upended after the mass shooting at the Tops supermarket in May have shared their views with senior Justice Department officials, who are soliciting community input as they weigh whether to pursue a capital case against Payton Gendron, 19. Gendron is charged with federal hate crimes and gun-related violations, which qualify him for the death penalty. He also faces state murder charges in New York, which does not allow executions.

Over the summer, the families of Gendron’s victims met with representatives from the office of Trini E. Ross, the U.S. attorney for the Western District of New York, and the Justice Department in Washington. Federal authorities emphasized that the case might be years away from trial, and they offered no timeline for when Attorney General Merrick Garland — who will receive recommendations from within the Justice Department — would decide whether to seek the death penalty.

In the meantime, Justice officials are taking other steps to bolster community confidence in the federal government’s commitment to fighting hate crimes. On Thursday, Assistant Attorney General Kristen Clarke, who oversees the civil rights division, will visit Buffalo for the launch of a nationwide Justice Department program to improve local efforts to track and prosecute bias-motivated attacks.

Survivors and relatives of the Tops victims remain divided on whether Gendron should get the death penalty or life in prison, even as many seek to channel their grief into advocacy on issues including gun control, the threat of domestic terrorism and community development.

Zeneta B. Everhart, whose son Zaire Goodman, 21, was wounded by a gunshot to the neck, said they both have expressed to prosecutors a preference for life in prison if Gendron is convicted.

“I do not think death-for-death is a solution for the problem,” said Everhart, who testified before a congressional panel on gun control in June and addressed the Eradicate Hate Global Summit in Pittsburgh on domestic extremism last week. “The problem this person had will not end when he dies. It does not erase the racism. The bigger issue is that he was radicalized into hating Black people.”


Such debates in capital punishment-eligible cases are not uncommon. The community was divided in the federal cases of Dzhokhar Tsarnaev and Dylann Roof — sentenced to death for, respectively, the bombing at the Boston Marathon in 2013 and the fatal shootings of 9 Black parishioners at a church in Charleston, S.C., in 2016. Families also have disagreed over the fate of Nikolas Cruz, who faces a potential death sentence in Florida state court after being convicted of fatally shooting 17 people at Marjory Stoneman Douglas High School in 2018.

For Garland, the Buffalo case is further complicated by a moratorium on federal executions that he issued last year, when he instructed the Justice Department to examine changes to lethal injection policies made by the Trump administration, which carried out 13 executions in its final 6 months.

Gendron has pleaded not guilty in his federal case. His attorneys said in a July court appearance that they were hopeful for a no-trial resolution, suggesting that he would be interested in a plea deal that presumably would preclude the death penalty. The next hearing is set for December.

“What I’m seeing and hearing is no one from the families is advocating to spare Gendron’s life,” said John V. Elmore, a Buffalo attorney who is representing 2 families in the Tops supermarket case. “I think there are some people that are very, very pro-death penalty in this case, and some people are, ‘Let a jury decide.’”

In an interview with ABC News last month, Wayne Jones and Garnell Whitfield Jr. — whose mothers, Celestine Chaney and Ruth Whitfield, respectively, were among those killed — said they were not advocating for the death penalty.

Jones said authorities risk turning Gendron, who investigators say wrote a 700-page manifesto sketching plans for the attack, into a martyr for white supremacists if he is put to death. Whitfield called Gendron an “insignificant pawn” in a racist system and said he would focus his attention on combating “the things that empowered him and the reason he became who he was.” Like Everhart, Whitfield appeared at the global anti-hate summit in Pittsburgh last week.

Monica Barnett, whose cousin Pearl Young was killed in the Buffalo shooting, wrote a column for MSNBC days after the massacre reflecting on Young’s teaching career and work operating a food pantry for the homeless. Barnett, a stylist and branding expert based in Washington, D.C., suggested Young, 77, would have forgiven Gendron and prayed with him. In an interview this week, Barnett said the essay drew some criticism from her relatives, whom she described as split over Gendron’s fate.

“We’re a religious family. We were raised in the church. But it doesn’t preclude us having these emotions over someone we lost,” Barnett said. “From that perspective, half the family is like, ‘Yeah, sentencing him to death is the answer. That’s the way to seek justice.’ The other half is just like, ‘No, that’s not the right thing. None of that brings Pearl back.’”

Pamela Pritchett, one of Young’s 3 adult children, said she has discussed the case with her siblings, and they expect to come to a consensus over the question of the death penalty.

“To be honest, this is a difficult thought for me,” said Pritchett, who is focused on pressuring state lawmakers who have voted against stricter measures to curb hate crimes. “I don’t feel comfortable speaking about it. I think it is a very personal family decision.”

Source: washingtonpost.com, David Nakamura, September 29, 2022





🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.




Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.