Buffalo Shooting Relatives Disagree Over Death Penalty as Bereaved Son Wants Gunman 'Miserable' for Life

Relatives of victims of the 2022 Buffalo supermarket shooting are split over whether gunman Payton Gendron should face the death penalty in a federal case, even as he already serves life without parole for murdering 10 Black people.

Some, like bereaved son Wayne Jones Sr, want him kept alive and 'miserable' in prison, while others, including the mother of a survivor, back prosecutors' push for execution.

Jury selection began in Buffalo, New York, on Tuesday, 13 October. Gendron, 23, is already serving life without parole for murdering 10 Black people, but federal charges could bring a death sentence.

The proceedings concern the attack at Tops Friendly Market on 14 May 2022. Gendron travelled more than 200 miles from Conklin, New York, to the supermarket, where he shot shoppers and employees.

Investigators uncovered writings showing he had planned the racist attack and embraced white supremacist conspiracy theories.

Buffalo Shooting Relatives Differ on Capital Punishment

For Jones, the question is inseparable from the loss of his mother, Celestine Chaney. He does not want Gendron executed. Instead, he wants the 23-year-old to spend years confronting the killings.

'I really think that he should just sit and have to think about it year after year after year and just be miserable,' Jones said. Jones acknowledged that he might have favoured execution when he was younger. Now, he questions the prospect of years of appeals and believes Gendron should remain in prison.

Everhart, a Buffalo Common Council member, sees the federal prosecution differently. Her son, Zaire Goodman, survived after being shot in the neck. She supports prosecutors seeking capital punishment, although she does not regard execution as the only acceptable result.

'This is domestic terrorism,' Everhart said. 'It is important we go after the death penalty in this case. But if he doesn't end up getting it, I know that justice will be served.'

Another bereaved relative, Garnell Whitfield, has not taken a position on execution. His mother, Ruth Whitfield, was 86 when she was killed.

He wants the proceedings to examine the 'radicalization, social media and societal ills' that contributed to the violence. 'Those are the things that I care about,' he said.

Why the Buffalo Shooting Gunman Faces Federal Charges

Gendron pleaded guilty to New York state murder and domestic terrorism charges in November 2022. He was sentenced to life imprisonment without parole in February 2023. Those proceedings established his responsibility for the killings under state law.

The federal case is separate. Gendron has pleaded not guilty to hate crime and firearms charges, although his lawyers have told prospective jurors they do not dispute that he committed the shooting. Their principal aim is to persuade jurors not to impose the death penalty.

The Justice Department announced in 2024 that it would pursue capital punishment. Federal prosecutors subsequently rejected Gendron's proposal to plead guilty in exchange for a life sentence.

New York does not currently permit executions under state law, but qualifying federal offences can carry the death penalty. A federal conviction could therefore result in a death sentence even though Gendron is already serving life without parole.

Buffalo Shooting Jury Selection Tests Views on Execution

US District Judge Lawrence Vilardo and lawyers began questioning prospective jurors on 13 October, including whether they could fairly consider capital punishment. The selection process is expected to take weeks, with the presentation of evidence potentially beginning in December.

Defence lawyers asked prospective jurors whether they would permit a death penalty if they ruled an island. The hypothetical was intended to explore their attitudes before any possible sentencing phase.

One prospective juror expressed concern about watching footage that Gendron livestreamed during the attack. Another prospective juror, a teacher, was dismissed from jury consideration after saying 'a life for a life would be a just result' in extreme cases.

Gendron's lawyers have said they plan to present mitigating evidence about his life if the trial reaches sentencing. Such material would be considered alongside the prosecution's arguments over punishment. His lawyers also said they did not intend to disrespect the victims or their relatives.

Investigators previously found that Gendron promoted the 'great replacement' conspiracy theory. His writings described an intention to intimidate non-white and non-Christian people into leaving the United States.

The federal proceedings concern the consequences of that racist attack, not whether his state life sentence remains in force.

For Jones, the outcome he wants is lifelong imprisonment rather than an execution. Everhart supports seeking the death penalty while accepting that justice may still be served without it.

Whitfield's priority lies elsewhere. He wants the trial to expose more about the radicalisation that preceded the killings, even as jurors face the possibility of deciding whether Gendron should live or die.