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Thread: Federal Death Penalty Trial Set for Payton S. Gendron in 2022 NY Mass Killing

  1. #1
    Administrator Helen's Avatar
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    Federal Death Penalty Trial Set for Payton S. Gendron in 2022 NY Mass Killing







    At least 10 dead in mass shooting at Buffalo supermarket


    By Carolyn Thompson, Michael Balsamo and Dave Collins
    Associated Press

    BUFFALO, N.Y. (AP) — A gunman sporting a rifle and body armor opened fire in a supermarket in Buffalo, New York, killing at least 10 people before being taken into custody Saturday afternoon, law enforcement officials told The Associated Press.

    Details on the number of additional people shot at the Tops Friendly Market and their conditions weren’t immediately available. The two officials were not permitted to speak publicly on the matter and did so on the condition of anonymity.

    Investigators believe the man may have been livestreaming the shooting and were looking into whether he had posted a manifesto online, the official said. The official cautioned the investigation was in its preliminary stages and that authorities hadn’t yet discerned a clear motive, but were investigating whether the shooting was racially motivated.

    The supermarket is in a predominately Black neighborhood, about 3 miles (5 kilometers) north of downtown Buffalo. The surrounding area is primarily residential, with a Family Dollar store and fire station near the store.

    Buffalo police confirmed the shooter was in custody in a tweet, but did not identify the suspect. Police officials and a spokesperson for the supermarket chain did not immediately respond to messages from the AP seeking comment.

    Witnesses reported the gunman was wearing military-style clothing in addition to the body armor, one of the officials said

    Braedyn Kephart and Shane Hill, both 20, pulled into the parking lot just as the shooter was exiting. They described him as a white male in his late teens or early twenties sporting full camo, a black helmet and what appeared to be a rifle.

    “He was standing there with the gun to his chin. We were like what the heck is going on? Why does this kid have a gun to his face?” Kephart said. He dropped to his knees. “He ripped off his helmet, dropped his gun, and was tackled by the police.”

    Police closed off the block, lined by spectators, and yellow police taped surrounded the full parking lot. Mayor Byron Brown and Erie County Executive Mark Poloncarz were at the scene late Saturday afternoon, gathered in a parking lot across the street from the Tops store and expected to address the media.

    More than two hours of the shooting, Erica Pugh-Mathews was waiting outside the store, behind the police tape.

    “We would like to know the status of my aunt, my mother’s sister. She was in there with her fiance, they separated and went to different aisles,” she said. “A bullet barely missed him. He was able to hide in a freezer but he was not able to get to my aunt and does not know where she is. We just would like word either way if she’s OK.”

    Gov. Kathy Hochul tweeted that she was “closely monitoring the shooting at a grocery store in Buffalo,” her hometown. She said state officials have offered help to local authorities. The Erie County Sheriff’s Office said on social media that it ordered all available personnel to assist Buffalo police.

    Attorney General Merrick Garland was briefed on the shooting, Justice Department spokesperson Anthony Coley said.

    The shooting came little more than a year after a March 2021 attack at a King Soopers grocery in Boulder, Colorado, that killed 10 people. Investigators have not released any information about why they believe the man charged in that attack targeted the supermarket.


    Associated Press reporters John Wawrow in Buffalo and Eric Tucker in Washington contributed to this report. Balsamo reported from Washington and Collins reported from Hartford, Connecticut.

    https://apnews.com/article/buffalo-s...d006dbba40f64b
    Last edited by Helen; 05-14-2022 at 10:06 PM.
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Administrator Helen's Avatar
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    More Info.

    Ten killed in mass shooting at Jefferson Avenue supermarket; shooter in custody

    The Buffalo News

    This is a developing breaking news situation. Check back for updates.

    Ten people were killed by a gunman dressed in body armor and armed with a high-powered rifle, while three others were wounded – two of them critically – outside and inside a Tops supermarket on Jefferson Avenue on Saturday afternoon.

    A Buffalo police official at the scene and another source close to law enforcement confirmed the massacre at the supermarket.

    "It’s like walking onto a horror movie, but everything is real. It is Armageddon-like," said the police official at the scene. "It is so overwhelming."

    One of the deceased was a recently retired Buffalo police officer who was working security at the store, both sources said.

    The Buffalo News is withholding the retired officer’s identity because it could not be determined if his family had been notified.

    As many as five bodies were found in the parking lot, the onsite police official said.

    "Bullets and blood are everywhere," the source said.

    Shonnell Harris, an operation manager at the Tops, said she heard gun shots and ran frantically through the store, falling several times before exiting out the back. She saw the shooter, whom she described as a white man wearing camouflage. "He looked like he was in the Army." Harris thought she heard 70 shots.

    The shooter had a camera and police are looking into whether he live streamed from the scene, the official said.

    The shooter was taken into custody and placed in a police vehicle at the scene, according to the two sources.

    The shooter was cloaked in body armor and had a military grade helmet on his head.

    It is unknown if he offered a reason for the massacre.

    Video posted on Twitter showed two Buffalo Police officers with a man who appears to be in custody just outside the Tops store. The man is a white male dressed in camouflage pants, wearing what appears to be a mask over his mouth. The News has not been able to confirm that the person in custody in the video was the shooter.

    Immediately after the shooting, Braedyn Kaphart and Shayne Hill said they came almost face to face with the shooter as they were turning their Equinox into a parking space in the Tops parking lot.

    Kaphart described him as a while male in his late teens or early 20s with dirty blonde hair.

    "He was standing there in his military gear with his weapon to his chin, looking like he was going to blow his head off," Kaphart said. "We weren't sure what was happening. As he continued to do that, he dropped to his knees still appearing as if he might shoot himself."

    Kaphart said she then looked away.

    "I turned my head and back around as the police were telling us to get back in our cars," she said.

    When Kaphart looked back, she said it appeared police officers had tackled and apprehended the man. They watched as he was put in a police vehicle and taken away.

    She shuddered to think what might have happened if they arrived at Tops a little earlier.

    "A few more minutes and, God forbid, I don't even want to think what would have happened," Kaphart said.

    Inside the supermarket, several other victims were found, the two sources said, and some of the deceased appeared to be hiding near cash register lines.

    Adding to the horror, one of the sources said, was family members arriving after word spread in the community about the shooting.

    Others at the scene started streaming the shooting on Facebook Live.

    Will G., a dairy frozen worker at the Tops on Jefferson, said he walked into the cooler to stock milk about three minutes before the shooting. "I just heard shots. Shots and shots and shots," he said. "It sounded like things were falling over."

    The worker hid in the cooler and more people joined him, he said. "I hid. I just hid. I wasn't going to leave that room."

    Harris described the busy scene at Tops. "It was filled. It's the weekend, so it was packed."

    "It's like a dream, but I know it's not a dream," said Harris, the Tops operation manager. GYC Ministries pastor Tim Newkirk, with his arm around Harris, his sister, said, "It's something you hear about, but you never experience."

    "You see it on TV, I never thought I'd be one of them," Harris said. Harris, whose daughter Denise also works at the Tops, was found safe behind the supermarket. "I just grabbed her, I hugged her."

    Barbara Massey was frantically searching for her sister Katherine outside the Tops. She said her sister was shopping at the time of the shooting and the two have not been able to make contact despite several phone calls and requests to the police. Massey's brother had dropped Katherine off for a routine grocery shopping trip.

    "She was supposed to be waiting in front of the store for her brother to pick her up again," Massey said.

    Katherine Crofton, a retired firefighter and medic, witnessed the shooting from her porch on Riley Street. She said she was playing with her dog and smoking a cigarette when she heard a shot.

    "I didn't see him at first, I turned around and I saw him shoot this woman," Crofton said. "She was just going into the store. And then he shot another woman. She was putting groceries into her car. I got down because I did not know if he was going to shoot me."

    Crofton saw the emergency responders arrive, too.

    "The guy walked out of the store, the cops were just screaming at him, and he just stood there. He just stood there. It was like he wanted them to shoot him," Crofton said. The shooter began to remove his gear, Crofton continued, when another police car pulled up, officers got out and jumped on the shooter.

    A large police presence shut down the area north of Jefferson Avenue at Northampton Street. The Tops Markets is at the intersection of Jefferson Avenue and Riley Street, about two blocks north of Jefferson and Northampton.

    Erie County Executive Mark C. Poloncarz tweeted at 2:49 p.m. that he was aware of an "active multiple shooting event" that occurred at the Tops Markets at 1275 Jefferson Ave. He urged the public to avoid the area.

    https://buffalonews.com/news/local/t...fbeaf848c.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #3
    Administrator Aaron's Avatar
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    Is anyone else boggled by the fact that the guy has been arraigned the same day? Feels like it usually takes a few days for court proceedings.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

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    When I saw that pic on the right earlier today I thought Ed Sheeran committed a mass shooting. Anyway, Payton Roof over here deserves the death penalty, but considering the state and administration…It’s iffy.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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    Administrator Helen's Avatar
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    Let the justice department explain why they are seeking the dp for the tree of life synagogue murder of 11 Jews and the Muslim terrorist attack on the bridge in NY that killed 8, but not for the murder of 10 mostly Black people in a vicious hate crime in Buffalo.
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    5 things we know about the deadly Buffalo shooting

    By CBS News

    BUFFALO, N.Y. -- The city of Buffalo is mourning after a devasting deadly shooting at a supermarket Saturday afternoon.


    Here are five things we know:


    1. The shooting took place around 2:30 p.m. Saturday at a Tops Friendly Markets supermarket on Jefferson Avenue in Buffalo. The supermarket is in a predominately Black neighborhood, a few miles from downtown Buffalo. The surrounding area is primarily residential, with a Family Dollar store and fire station near the store.
    2. A total of 13 people were shot. Ten victims died at the scene, and three victims sustained injuries that are not believed to be life-threatening. Four of the shooting victims were store employees, including a retired Buffalo police officer who was employed as a security guard. The rest of the victims were customers. Eleven of the victims are African American and two are white.
    3. The suspect, a white male, was taken into custody at the scene of the shooting. He has been identified as 18-year-old Payton S. Gendron, of Conklin, New York. Officials say Gendron traveled for "hours" to carry out the attack. Gendron has been arraigned on one count of murder and was remanded without bail.
    4. Gendron was allegedly heavily armed and wearing body armor and tactical gear, including a helmet with a camera that he used to live-stream the shooting. In a statement, the streaming platform Twitch said in part, "Twitch has a zero-tolerance policy against violence of any kind and works swiftly to respond to all incidents. The user has been indefinitely suspended from our service, and we are taking all appropriate action, including monitoring for any accounts rebroadcasting this content."
    5. The FBI is investigating the shooting as a hate crime and radically motivated violent extremism. At a press conference Saturday evening, Gov. Kathy Hochul called the suspect "a white supremacist who has engaged in an act of terrorism and will be prosecuted as such."

    https://www.cbsnews.com/newyork/news...endly-markets/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Moderator Bobsicles's Avatar
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    If anyone has seen this “news report” about two men arrested in connection with the Buffalo shooting, it’s not true. It’s a troll. “Dimitri Potapoff” is Kyle Myers, a former YouTube celebrity known as FPSRussia. “Richard McWingo” is Jordie Jordan aka WingsofRedemption, a video game streamer on Twitch. Jordie Jordan is also “Bernie Gores”, who has been reported as a victim of the Buffalo Shooting, as well as being killed in Ukraine and by the Taliban.

    Only reason I’m relaying this is because I’ve seen people falling for this on Twitter and Facebook
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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    Administrator Helen's Avatar
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    Federal hate crime charges filed against Buffalo shooting suspect

    By Brian Campbell
    Associated Press

    The gunman who killed 10 Black people at a Buffalo supermarket on May 14 will now face additional federal hate crime charges, according to a criminal complaint filed Wednesday.

    Those charges include 10 counts of hate crime resulting death, 3 counts of hate crime involving bodily injury and attempt to kill, 10 counts of use of a firearm to commit murder during and in relation to a crime of violence and 3 counts of use and discharge of a firearm during and in relation to a crime of violence. He could face the death penalty.

    U.S. Attorney General Merrick Garland was in Buffalo on Wednesday to visit with the families of 10 Black people killed in a white gunman’s racist attack on a supermarket. He placed a bouquet of white flowers tied with a yellow ribbon at a memorial to the victims outside the store, which has been shuttered and undergoing renovations since the attack.

    Shooting suspect Payton Gendron, 18, pleaded not guilty earlier this month. He was charged with murder shortly after the attack. A new indictment expanded the case to include a domestic terrorism charge that carries the potential for an automatic life sentence, along with 10 counts of first-degree murder, 10 counts of second-degree murder as a hate crime, criminal possession of a weapon and three counts of attempted murder as a hate crime.

    Gendron has been held without bail since the shooting and is due back in court July 7. He is facing up to life in prison if convicted on state charges.

    The attack, at Tops Friendly Market, also left three survivors — one Black, two white. Ballistics evidence indicated that Gendron fired approximately 60 shots during the attack, according to an affidavit filed with the criminal complaint.

    Gendron’s radical, racist worldview and extensive preparation for the attack were laid out in documents he apparently authored and posted online shortly before authorities say he started shooting.

    FBI agents executing a search warrant at Gendron’s home the day after the shooting found a note in which he apologized to his family for the shooting and stated that he “had to commit this attack” because he cares “for the future of the White race,” according to an affidavit filed with the criminal complaint.

    Gendron signed the note and addressed it to his family, the affidavit said.

    Agents at the Conklin, New York home also found a receipt for a candy bar purchased from the supermarket on March 8, the day Gendron said in an online diary he went to scout out the store, as well as hand drawn sketches of the store’s layout, the affidavit said.

    The affidavit also includes detailed accounts of Gendron’s plot to attack the store, which he documented in detail in an online diary, and the attack itself, which he live streamed on social media.

    In his writings, Gendron embraced a baseless conspiracy theory about a plot to diminish white Americans’ power and “replace” them with people of color, through immigration and other means.

    The posts detail months of reconnaissance, demographic research and shooting practice for a bloodbath aimed at scaring everyone who isn’t white and Christian into leaving the country.

    Gendron drove more than 200 miles from his home in a nearly all-white town near the New York-Pennsylvania border to a predominantly Black part of Buffalo. There, authorities say, he mowed down shoppers and workers using an AR-15-style rifle, wearing body armor to protect himself and livestreaming the carnage from a helmet-mounted camera.

    Gendron’s rifle had writings on it, including the names of other people who’ve committed mass shootings, racial slurs and statements such as, “Here’s your reparations!”, and a reference to the replacement theory, the affidavit said.

    The 18-year-old surrendered to police as he exited the supermarket.

    According to the online documents attributed to Gendron, he had scouted out the supermarket in March, drawing maps and even counting up the number of Black people he saw there.

    Federal authorities had said they were considering hate crime charges in the killings, which compounded the unabating toll of gun violence in the United States.

    Ten days after the attack in Buffalo, another 18-year-old with a semi-automatic rifle opened fire at a Uvalde, Texas elementary school, killing 19 children and two teachers.

    Soon after, New York Gov. Kathy Hochul signed 10 public safety-related bills, including one prohibiting New Yorkers under age 21 from buying semi-automatic rifles and another that revised the state’s “red flag” law, which allows courts to temporarily take away guns from people who might be a threat to themselves or others.

    The U.S. Senate followed on June 12 with a bipartisan agreement on more modest federal gun curbs and stepped-up efforts to improve school safety and mental health programs.

    The case is likely to present a quandary for Garland, who has vowed to aggressively prioritize the prosecutions of civil rights cases but also instituted a moratorium on federal executions last year after an unprecedented run of capital punishment at the end of the Trump administration.

    The moratorium put in place in July 2021 halts the Bureau of Prisons from carrying out any executions. But the memo does not prohibit federal prosecutors from seeking the death penalty, a decision that ultimately will fall to Garland. The Biden administration has previously asked the U.S. Supreme Court to reinstate the Boston Marathon bomber’s original death sentence.

    The executions have been halted as the Justice Department conducts a review of its policies and procedures for capital punishment. The review, which is ongoing, comes after 13 people were executed at the federal prison complex in Terre Haute, Indiana between July 2020 and January 2021.

    President Joe Biden has said he opposes the death penalty and his team vowed that he would take action to stop its use while in office.

    https://spectrumlocalnews.com/tx/san...oting-suspect-
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #9
    Moderator Bobsicles's Avatar
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    Garland weighs racial equity as he considers death penalty in Buffalo

    By David Nakamura
    The Washington Post

    The Biden administration’s pledge to pursue racial equity in the criminal justice system is facing a crucial test: whether federal prosecutors will seek the death penalty for the self-avowed white supremacist charged with slaughtering 10 Black people in a Buffalo grocery store in May.

    Some survivors and family members of those killed told Attorney General Merrick Garland during a private meeting in June that they are supportive of bringing a capital case against the 18-year-old suspect, Payton Gendron, according to people involved in the discussion. Their stance conflicts with the long-standing position of civil rights advocates, who have generally opposed the death penalty out of concerns it is unjust and disproportionately used against racial minorities.

    “There’s a mixed feeling about it. Some say, ‘Yeah, that should be in play,’ ” said Kristen Elmore-Garcia, a Buffalo-based lawyer who represents one of the families.

    But Garland, under pressure from civil rights groups, issued a moratorium last summer on federal executions, after the administration of President Donald Trump carried out 13 in the final six months of his presidency. As heinous as the Buffalo killings were, Black civil rights leaders say, seeking to execute the gunman would represent a setback in their efforts to abolish capital punishment.

    “The reality for us is that the system is too often infused with racial bias. That doesn’t change because someone who is White, and who perpetrated violence against Black people, is put to death,” said Maya Wiley, president of the Leadership Conference on Civil and Human Rights.

    https://www.washingtonpost.com/natio...nalty-garland/
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  10. #10
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    Accused Tops Massacre Gunman Expected to Plead Guilty to State Charges Monday

    by Emyle Watkins And Dave Debo

    Payton Gendron, the alleged gunman who has been charged with 25 state charges relating to the May 14 Tops Market massacre, is expected to plead guilty to all charges on Monday, according to attorneys that represent victims' families.

    "I am aware that Payton Gendron intends to plead guilty to the complete indictments, all 25 counts of guilty, and waive his right to appeal. The judge will have no option but to sentence to life without parole," said Buffalo Attorney John Elmore, who represents the families of Kat Massey and Andre Mackniel.

    Gendron was charged with one count of domestic terrorism in the first-degree, 10 counts of first-degree murder, 10 counts of second-degree murder as a hate crime, three counts of attempted second-degree murder as a hate crime, and one count of second-degree criminal possession of a weapon.

    Attorney Terrance Connors, who also represents families of the victims, said they were made aware that a guilty plea to state charges was possible about three weeks ago. Attorneys were advised to hold off on sharing that information outside of the families until it was on the court docket.

    "He's going to plead guilty to the 25 counts in the indictment. And I assume that the sentence will be life imprisonment without parole," Connors said.

    New York State's domestic terrorism criminal statutes have been on the books for less than two years. They went into effect in November 2020 and this case is the first that will apply those statutes. A conviction on first-degree domestic terrorism would mean automatic life in prison with no chance for parole.

    Both Connors and Elmore say the plea on state charges is likely a strategy by the defense to argue against the death penalty on Gendron's federal charges.

    "The main goal of any defense attorney when there's overwhelming evidence of guilt like this, is to save their client's life. And I can't help but to imagine that this plea of guilty is motivated by Gendron's desire to save his life and his attorney's desire to save his life," Elmore said.

    Elmore said that the U.S. Attorney's Office is currently deciding if they should seek the death penalty. As part of the deliberation process, the defense will meet with the prosecution, and that is when the defense may use Gendron's guilty plea on state charges as part of their argument against seeking the death penalty.

    "They will then argue to the federal prosecutors that he's accepted responsibility and that avoiding the trial and the attended horror and difficulty for the families, and therefore that should weigh into the decision as to whether or not they seek the death penalty," Connors said. "Because in the federal system, they're trying to avoid the death penalty," he added.

    Gendron faces 27 charges at the federal level. Those charges include 10 counts of a hate crime resulting in death, three counts of a hate crime involving bodily injury and attempt to kill, one count of a hate crime alleging that Gendron attempted to kill additional Black people in and around the store, 10 counts of use of a firearm to commit murder during and in relation to a violent crime, and three counts of discharge of a firearm during and in relation to a violent crime.

    https://nynow.wmht.org/blogs/crimina...harges-monday/
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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