Accused Buffalo shooter asks for court-appointed attorney during federal hearing

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BUFFALO, N.Y. (WHEC and AP) — The man accused of killing 10 people in Buffalo during a race-motivated mass shooting asked for a court-appointed attorney during a federal court hearing on Thursday.

Payton Gendron appeared before a U.S. District Court judge in Buffalo for an initial appearance. His appearance came after a U.S. District Court criminal complaint that said Gendron was charged with 26 federal counts, half of which are hate crimes.

Gendron could face the death penalty if convicted, said U.S. Attorney General Merrick Garland. The complaint released on Wednesday said Gendron is charged with:

  • 10 counts of hate crimes resulting in death
  • 3 counts of hate crimes 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
  • 3 counts of use and discharge of a firearm during and in relation to a crime of violence

During the Thursday court appearance, the judge asked Gendron if he would hire his own attorney or request a public defender. When Gendron said he wanted a court-appointed attorney, the judge asked him questions about his financial assets.

The judge asked questions about possible assets in bank accounts, stocks, expensive jewelry, cryptocurrency, and hidden money. Gendron said he did have at least one bank account and the last time he had a job was a year ago.

The judge also outlined the cost of a defense involving a death penalty trial. The judge said: "I’m not trying to tell the executive branch how to carry out its business but this case has been around for a month. I hope the Department of Justice will undertake steps that will bring about a decision on that issue, so we know whether they in fact are going to pursue a death penalty or not."

The court document filed Wednesday against Payton Gendron coincided with a visit to Buffalo by Garland. The attorney general met with the families of the people who were killed and placed a bouquet of white flowers tied with a yellow ribbon at a memorial to the victims outside the store, which has been shuttered since the attack.

“No one in this country should have to live in fear that they will go to work or shop at a grocery store and will be attacked by someone who hates them because of the color of their skin,” Garland said at a news conference addressing the federal charges.

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Garland did not rule out seeking the death penalty, saying the Department of Justice would follow its procedures for weighing whether to seek such a punishment and that the “families and the survivors will be consulted” in that process.

Gendron was already facing a mandatory life sentence without parole if convicted on previously filed state charges in the May 14 rampage at Tops Friendly Market.

The federal hate crimes case is based partly on documents in which Gendron laid out his radical, racist worldview and extensive preparation for the attack, some of which he posted online shortly before 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.

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 (320 kilometers) 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 fired approximately 60 shots at shoppers and workers using an AR-15-style rifle, wearing body armor to protect himself and livestreaming the carnage from a helmet-mounted camera.

Three wounded people — one Black, two white — survived the attack.

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.

He has pleaded not guilty to a state domestic terrorism charge, including hate-motivated domestic terrorism and murder.

The federal charges were announced just over a month after the shooting.

“This process may not be as fast as some would hope, but it will be thorough, it will be fair, it will be comprehensive and it will reflect what is best about our community and about democracy,” U.S. Attorney Trini Ross said.

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.

Federal 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.

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.

Federal charges for Buffalo shooting by Evangelos Bourtis on Scribd