DOJ To Seek Death Penalty in Tops Mass Shooting
DOJ To Seek Death Penalty in Tops Mass Shooting
v. 22-CR-109-LJV
PAYTON GENDRON,
Defendant.
The United States of America, pursuant to 18 U.S.C. § 3593(a), notifies the Court and
Defendant PAYTON GENDRON that the United States believes the circumstances in
Counts 11-20 of the Indictment, Dkt. 6, are such that, in the event of a conviction, a sentence
of death is justified under 18 U.S.C. §§ 3591-98, and that the United States will seek the
sentence of death for these offenses: Use and Discharge of a Firearm to Commit Murder
The United States proposes to prove the following factors as justifying a sentence of
(A) PAYTON GENDRON was 18 years of age or older at the time of the offense.
Drury, Pearl Young, Heyward Patterson, Ruth Whitfield, Celestine Chaney, Aaron W.
Case 1:22-cr-00109-LJV Document 125 Filed 01/12/24 Page 2 of 5
Salter, Jr., Andre Mackniel, Margus Morrison, Katherine Massey, and Geraldine Talley. 18
U.S.C. § 3591(a)(2)(A).
intentionally inflicted serious bodily injury that resulted in the deaths of Roberta Drury, Pearl
Young, Heyward Patterson, Ruth Whitfield, Celestine Chaney, Aaron W. Salter, Jr., Andre
3591(a)(2)(B).
GENDRON intentionally participated in an act, contemplating that the life of a person would
be taken and intending that lethal force would be used in connection with a person, other than
one of the participants in the offense, and Roberta Drury, Pearl Young, Heyward Patterson,
Ruth Whitfield, Celestine Chaney, Aaron W. Salter, Jr., Andre Mackniel, Margus Morrison,
Katherine Massey, and Geraldine Talley died as a direct result of the act. 18 U.S.C. §
3591(a)(2)(C).
specifically engaged in an act of violence, knowing that the act created a grave risk of death
to a person, other than one of the participants in the offense, such that the participation in the
act constituted a reckless disregard for human life, and Roberta Drury, Pearl Young, Heyward
Patterson, Ruth Whitfield, Celestine Chaney, Aaron W. Salter, Jr., Andre Mackniel, Margus
2
Case 1:22-cr-00109-LJV Document 125 Filed 01/12/24 Page 3 of 5
Morrison, Katherine Massey, and Geraldine Talley died as a direct result of the act. 18 U.S.C.
§ 3591(a)(2)(D).
commission of the offense, and in escaping apprehension for the violation of the offense,
knowingly created a grave risk of death to one or more persons in addition to the victim of
the offense after substantial planning and premeditation to cause the death of a person. 18
U.S.C. § 3592(c)(9).
in Counts 12, 13, 14, 15, and 19 against a victim who was particularly vulnerable due to old
intentionally killed and attempted to kill more than one person in a single criminal episode.
18 U.S.C. § 3592(c)(16).
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1. Victim Impact. PAYTON GENDRON caused injury, harm, and loss to the
families and friends of Roberta Drury, Pearl Young, Heyward Patterson, Ruth Whitfield,
Celestine Chaney, Aaron W. Salter, Jr., Andre Mackniel, Margus Morrison, Katherine
Massey, and Geraldine Talley. The injury, harm, and loss caused by PAYTON GENDRON
with respect to each victim is evidenced by the victim’s personal characteristics and by the
impact of the victim’s death upon his or her family and friends.
and emotional injury, and severe psychological impact to individuals who survived the
offense and are listed in Counts 21 through 26 of the Indictment (Z.G., C.B., and J.W.).
and contempt toward Black persons and his animus toward Black persons played a role in the
killings of Roberta Drury, Pearl Young, Heyward Patterson, Ruth Whitfield, Celestine
Chaney, Aaron W. Salter, Jr., Andre Mackniel, Margus Morrison, Katherine Massey, and
Geraldine Talley.
in committing the acts of violence charged in this case, attempted to incite violent action by
others.
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located at 1275 Jefferson Avenue in Buffalo, New York, in order to maximize the number of
Respectfully submitted,
TRINI E. ROSS
UNITED STATES ATTORNEY
WESTERN DISTRICT OF NEW YORK
KRISTEN M. CLARKE
ASSISTANT ATTORNEY GENERAL
CIVIL RIGHTS DIVISION