The government is trying to get three of nine aggravating factors back on the table in the federal death penalty case of the 2022 Buffalo mass shooter.
On May 14, 2022, Payton Gendron killed 10 Black people and injured three others at a Tops supermarket.
The aggravating factors are that Gendron was motivated by racism, that he committed the attack to incite violence by others and that he caused serious injury to the three survivors. If allowed, these would be additional considerations that jurors could take into account when deciding if Gendron should be put to death if found guilty…