Skip to main content

U.S. | Federal Judge Keeps Death Penalty on the Table for Buffalo Mass Shooter

Payton Gendron
A federal judge on Thursday declined to dismiss capital firearms charges against a white supremacist who killed 10 Black people in Buffalo in 2022. 

Federal attorneys for Payton Gendron, 22, had argued that the 10 firearms offenses should be dismissed for lack of a legal basis, or failure to state an offense. 

Gendron's public defenders contended the charges should have been dropped because a person can violate the Hate Crimes Act in ways that do not require use of force, including an act of self-harm, and as a consequence, a violation of the statute is not categorically a crime of violence. 

U.S. Judge Lawrence Vilardo of the U.S. District Court, Western District of New York, was unconvinced. 

Sonya Zoghlin, one of Gendron’s public defenders, didn’t return a message requesting comment on Friday. 

Her client is serving a life sentence without the possibility of parole for his conviction in state court stemming from his livestreamed shooting attack, which also resulted in injuries to another Black person and 2 white people in and outside of Tops Friendly Supermarket on May 14, 2022. 

Last week, Gendron’s attorneys had argued in court that the federal charges against him should be dismissed because there weren’t enough Black and other diverse people on the grand jury that indicted him. The court’s answer to that claim is pending. 

Their request for dismissal of the firearms charges claims the government was attempting to “shoehorn” the tragedy into a death penalty case by pursuing the capital charges instead of “the racist motivation behind the dreadful attack,” the June 2024 motion asserts. 

For the self-harm argument, the lawyers focused on the statute’s wording that a defendant must “willfully” cause bodily injury to “any” person because of the race of any person, and death results. 

Gendron’s attorneys had cited in their motion a U.S. airman who set himself on fire to protest the war in Gaza outside the Israeli embassy in Washington, D.C., in 2024. Had he survived, they argued, he could have been subject to federal hate crime offenses. 

Defense counsel also offered the hypothetical scenario of a person intentionally setting himself on fire to announce racist ideology, with the unintended consequence that an emergency responder or bystander caught fire and died. 

Government prosecutors had said that such a scenario was impossible because one can never violate the Hate Crimes Act by intentionally injuring oneself. 

Vilardo agreed, holding that Congress refers to victims when defining and limiting bodily injury, suggesting the political body “contemplated someone other than the perpetrator being the object of the bodily injury.” 

Payton Gendron
The federal judge also noted that the statute is named after two fatal victims of hate crimes, refers to acts against other people, and is about “outward-facing violence, not inward.’’ 

Vilardo’s decision, which observed the “substantial and skilled briefing and oral argument on both sides,” had also found it worth noting that the Department of Justice was yet to prosecute someone under the Hate Crimes Act for causing bodily injury only to himself, with Gendron failing “to identify a single real-world example that even comes close to matching the factual pattern of his hypothetical.” 

Gendron’s motion had also contended that a person can violate the Hate Crimes Act by an omission not involving the use of force, and by an act involving only de minimis force. 

But his lawyers conceded that a U.S. Supreme Court holding in March—Delligatti v. United States, which rearticulates how federal law understands the use of force, breaking down the barrier between acts and omissions—forecloses on his omissions claim. 

Federal investigators said Gendron drove about 200 miles from his home to target the predominantly Black neighborhood. His motive was to prevent Black people from replacing and eliminating the white race, and to inspire others to commit similar violent acts. 

Investigators said he fired approximately 60 shots from a Bushmaster XM-15 rifle that had writings with racial slurs, and the statement, “Here’s your reparations!”

Source: New York Time Law Journal, Staff, August 21, 2025




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


Comments

Most viewed (Last 7 days)

William Thompson Faces Execution in Florida Amid Dementia, Terminal Illness Concerns

Florida Governor Ron DeSantis signed an exe­cu­tion war­rant for 74-year-old pris­on­er William ​“Bill” Thompson less than 24 hours after he was released from the hos­pi­tal to the hos­pice wing of the prison. After his attor­neys raised seri­ous con­cerns about his men­tal com­pe­ten­cy and dete­ri­o­rat­ing phys­i­cal health, Gov. DeSantis agreed to tem­porar­i­ly stay the exe­cu­tion so Mr. Thompson’s com­pe­ten­cy can be eval­u­at­ed on October 1. If he is found com­pe­tent, his exe­cu­tion remains sched­uled for October 13.

Tennessee Supreme Court denies stay for death row inmate Christa Pike

(TNND) — As Tennessee prepares for a Sept. 30 execution, the Tennessee Supreme Court has denied death row inmate Christa Gail Pike’s request to stop it. The court rejected Pike’s challenge to the state’s lethal-injection protocol, finding that her thrombocytosis diagnosis, a condition involving elevated blood platelets, did not show the execution would violate the Eighth Amendment ban on cruel and unusual punishment.

Texas executes Ker’Sean Ramey

Texas executes man for a triple killing, days after other man convicted in case was put to death  A man was executed Wednesday evening in Texas for a triple killing committed during an attempted robbery at a rural home, 1 week after the other man convicted in the case was put to death.  Ker’Sean Ramey, 41, was pronounced dead at 6:34 p.m. CDT following a lethal injection at the state penitentiary in Huntsville. He was the 6th person executed this year in Texas, with 3 more lethal injections scheduled in the state over the next 2 months. 

Philippines | President Marcos Grants Absolute Pardon to Mary Jane Veloso

President Marcos Confirms Decision to Grant Absolute Pardon to Mary Jane Veloso  President Ferdinand R. Marcos Jr. has signed an absolute pardon for Mary Jane Veloso after more than a decade.  On Friday (September 25, 2026), the President confirmed the decision during a visit to Guiuan, Eastern Samar.  According to him, the pardon was officially signed the previous day, marking a major development in the case.  

Texas set to execute second man convicted in 2005 South Texas triple murder

Ker’Sean Olajuwa Ramey is scheduled to die Wednesday, one week after the state executed his co-defendant for the same killings. Texas is scheduled to execute a man on Wednesday for the 2005 shooting deaths of three people during a botched robbery in a small South Texas town, just one week after the state put his co-defendant to death for the same crime. Ker’Sean Olajuwa Ramey, 41, is scheduled to die by lethal injection Wednesday evening at the state penitentiary in Huntsville.

Florida | Tomasz Kosowski found guilty of murder after representing himself in death penalty case

Tomasz Kosowski sat each day alone at the defense table, wearing orange jail garb and rubber sandals with socks. In a rare and largely unprecedented move for a death penalty case, Kosowski represented himself, waiving his right to a jury trial and allowing a judge in Pinellas County, Florida, to decide his fate. Prosecutors presented the state’s case over six days, laying out for the judge how the former plastic surgeon accosted Steven Cozzi in the bathroom of his law office on a Tuesday morning, and Cozzi was never seen again.

Florida | He executed death row prisoners. Then they came back to haunt him

Dunnellon, Florida—Every night, one of the men Ron McAndrew killed would sit at the foot of his bed and stare, blankly, into his tortured soul. He knew they were coming. He’d shift over in his sheets to make room. “They never said anything,” McAndrew recalls, his aged voice straining from the weight of the memory. “They just sat there and looked at me.” But their eyes would talk. They would ask, "How could you do such a thing?’” says McAndrew. “You always claimed to be a good person. And now you’re killing people.”

DNA evidence doesn’t match man who spent decades on death row, Utah prosecutors say

Douglas Stewart Carter, 71, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen Prosecutors are dropping their plan to seek the death penalty in an upcoming retrial of a Utah man who spent decades on death row for a 1985 killing in which newly analyzed DNA evidence did not match him. Douglas Stewart Carter, 71, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen, the aunt of a former Provo police chief. The state Supreme Court last year ordered a new trial, citing misconduct by investigators. Carter remains in custody and maintains his innocence.

Tennessee | Christa Pike Requests Clemency Ahead of September 30 Execution Date; Experts’ Amicus Brief Points to ​‘Substantial Risk’ of Re-traumatization

Lawyers for Christa Pike, the only woman on Tennessee’s death row, filed a 226-page clemen­cy peti­tion with Governor Bill Lee, ask­ing him to com­mute her death sen­tence to life in prison with­out the pos­si­bil­i­ty of parole ahead of her September 30 exe­cu­tion date. Ms. Pike’s clemen­cy peti­tion out­lines the case her team has built over decades of appeals: her actions at 18 years old can­not be sep­a­rat­ed from a child­hood marked by repeat­ed rape, sex­u­al abuse, and neglect that went unad­dressed by the adults and state sys­tems meant to pro­tect her. Once incar­cer­at­ed, Ms. Pike was diag­nosed with bipo­lar dis­or­der and post-trau­mat­ic stress disorder.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.