BUFFALO, N.Y. — Lawyers were back in court Friday in the case of Payton Gendron, the man who killed 10 Black people and injured three in a mass shooting at a Buffalo Tops supermarket in May 2022.
Gendron's attorneys focused on the death penalty, essentially asking the judge for hearings on three issues.
One was regarding the interpretation of congressional law and the other two were based on issues of constitutionality.
While the judge didn’t make any decisions Friday, the victims' families made it clear they aren’t buying it.
“These are ridiculous arguments," said Garnell Whitfield, the son of shooting victim Ruth Whitfield. "It's just technical arguments that I don't think have any merit, just delay tactics.”
That was a common response from the families of shooting victims as Gendron’s lawyers look to get the death penalty tossed.
“[There] is some slight concern, but I do feel that the legal process is playing out, and it's going to take time and it's going to take a lot of legal arguments as well," said Damon Young, the son of shooting victim Pearl Young.
The first constitutional argument hinged on whether the death penalty should be allowed in general.
The defense said other similar cases have not been capital ones, and so the decision is arbitrary. The prosecution fired back that every case is different, and the evidence is why this case is where it is.
The second point was that Gendron is too young to be sentenced to death.
His lawyers said recent science shows the brain is still developing until 25. The prosecution noted that this is a Supreme Court decision, not one to be made on the district level.
Neither argument landed with families of victims.
“We're dealing with the vicious loss of parents, brothers, sons [and] loved ones that people lost on 5/14," said Young. "It's very difficult to listen to people opine about his rights and speak up about what his mental state possibly was or is during that time.”
The final point revolved around the definition of a violent act, which seemed irrelevant to many inside the courtroom.
“I was very confused sitting there listening to their argument around if shooting and killing 10 people is considered violent," said Zeneta Everhart, Masten District council woman and the mother of shooting survivor Zaire Goodman. "Duh, I guess, is my response.”
Regardless of if there are hearing on these issues, the fact remains that if Gendron is found guilty, there’s a chance the case could continue to the Supreme Court.
“While there’s no emotional closure, it can be legal," said Young. "To watch it potentially drag out even past the trial date that’s already set is worrying.”
It's a waiting game that’ll have to be played.
As for Gendron, he was again not in court, which is something some families said they don’t like. Others say his presence doesn’t matter, as longs as the wheels of justice keep spinning.
Gendron was sentenced to life in prison without the possibility of parole in February 2023 on state charges including murder and domestic terrorism motivated by hate.