Feds Urge Second Circuit to Reinstate Hate Crime Aggravators in Buffalo Shooting
Federal prosecutors are appealing to reinstate racial hatred aggravators in the Buffalo mass shooter’s trial.
Why it matters: The case could set precedent for how hate crime aggravators are enforced in federal prosecutions of racially motivated violence. Prosecutors’ approach signals increased focus on charging and sentencing for hate crimes at the federal level.
- The Buffalo shooting left 10 Black victims dead and 3 injured on May 14, 2022.
- Federal indictment charges Payton Gendron with 27 federal counts, including 14 for hate crimes.
- The Justice Department describes white supremacist violence as a major threat to public safety and democracy.
- Federal prosecutors’ appeal seeks to advance hate crime enforcement tools and legal strategies.
Federal prosecutors have asked the Second Circuit to restore severe hate crime aggravators in the high-profile federal trial against Payton Gendron, the perpetrator of the 2022 Buffalo supermarket shooting.
- On May 14, 2022, Gendron opened fire at Tops Friendly Markets in Buffalo, killing 10 Black individuals and injuring 3 more. He livestreamed the attack and fired approximately 60 shots during the incident (Justice Department).
- He was indicted on 27 federal counts, including 14 under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act and 13 firearms offenses (federal indictment).
- The indictment cites the planning and execution of an act of terrorism, with writings on Gendron’s rifle referencing 'The Great Replacement' and racial slurs.
- Attorney General Merrick Garland underscored the government’s commitment: "The Justice Department fully recognizes the threat that white supremacist violence poses to the safety of the American people and American democracy."
- Gendron has already pleaded guilty to state murder and hate-motivated terrorism charges, receiving 11 concurrent life sentences (case coverage).
The ultimate decision by the Second Circuit on reinstating the hate crime aggravators could significantly influence future federal hate crime prosecutions and sentencing practices.
By the numbers:
- 10 — Black victims killed in the shooting
- 27 — Federal charges against Gendron, including 14 hate crimes
- 11 — Concurrent life sentences Gendron is serving for state charges