What We Know
Payton Gendron Trial: What We Know
Video · 3:07 · Watch on YouTube
Why is there a federal trial for the Buffalo Tops shooting if Payton Gendron is already serving life? Jury selection began Oct. 13, 2026 in U.S. District Court in Buffalo, N.Y., in the federal case over the May 14, 2022 shooting at a Tops supermarket that killed ten people. Payton Gendron pleaded guilty in state court in November 2022 and was sentenced to life without parole in February 2023. He is charged in federal court with 27 counts, pleaded not guilty to those, and the Justice Department is seeking the death penalty on ten of them.
What's confirmed
- May 14, 2022ten people were killed and three wounded at a Tops supermarket in Buffalo. The ten were Celestine Chaney, Geraldine Talley, Katherine Massey, Pearl Young, Andre Mackneil, Heyward Patterson, Ruth Whitfield, Roberta Drury, Margus Morrison and Aaron Salter, ages 32 to 86. (CBS News; NewsOne; WNIN; AP)
- Nov. 2022Gendron pleaded guilty in state court to 15 counts, including first-degree domestic terrorism. (NPR, Feb. 15, 2023)
- Feb. 15, 2023sentenced in state court to life in prison without parole. (NPR)
- July 14, 2022a federal grand jury returned a 27-count indictment: 14 violations of the Shepard-Byrd Hate Crimes Prevention Act and 13 firearms offenses. He pleaded not guilty to the federal counts. (U.S. Attorney's Office, W.D.N.Y.; JURIST)
- Jan. 12, 2024prosecutors filed notice that "in the event of a conviction, a sentence of death is justified" on Counts 11-20. (AP via ABC7; NPR)
- His lawyers have said he would plead guilty in the federal case in exchange for a life sentence; the Justice Department pursued the death penalty instead. (AP; CBS News; NBC News)
- Oct. 13, 2026jury selection began before U.S. District Judge Lawrence Vilardo. About 1,200 people filled out questionnaires over the summer; roughly 700 remain and are being questioned in groups of 70, to seat 12 jurors and six alternates. The court clerk says that could take six to eight weeks. (WHAM; AP; Spectrum News Buffalo)
- Jurors first decide guilt on the federal counts; if they convict, they decide between life in prison and death. (WKBW; Spectrum News)
What we don't know
- When opening statements will start. Only the jury-selection estimate has been reported.
- What any jury will decide. No federal verdict or sentence exists.
What happens next
Jury selection continues for several weeks, then opening statements. We will post a dated UPDATE when there is a federal verdict.
Federal-case claims are as alleged by prosecutors or reported from court. The wounded and jurors are not named. No part of the attack is shown or recreated.
Chapters
- 0:00Buffalo Tops shooting: the ten victims
- 0:47Gendron state plea and sentence
- 1:08Gendron federal indictment: 27 counts
- 1:30Gendron death penalty notice, 2024
- 1:58Gendron jury selection: where it stands
Sources
- U.S. Attorney's Office, W.D.N.Y., "Federal Grand Jury Indicts Accused Tops Shooter On Federal Hate Crimes And Firearms Charges," July 14, 2022 Primary recordjustice.gov/usao-wdny/pr/federal-grand-jury-indicts-accused-tops-shooter-federal-hate-crimes-and-firearms
- NPR, "The Buffalo Tops shooter has been sentenced to life in prison without parole," Feb. 15, 2023 Reportingkunc.org/npr-news/npr-news/2023-02-15/the-buffalo-tops-shooter-has-been-sentenced-to-life-in-prison-without-parole
- AP via ABC7, "Feds seek death penalty for Buffalo gunman," Jan. 12, 2024 Reportingabc7news.com/feds-seek-death-penalty-for-buffalo-gunman-citing-attempt-to-incit/14317345/
- WHAM / AP, jury selection begins, Oct. 13, 2026 Reportingwlos.com/news/nation-world/jury-selection-beginning-in-buffalo-tops-shooting-federal-trial
- AP via 6abc, Oct. 2026 Reporting6abc.com/story/jury-selection-begin-federal-hate-crimes-trial-buffalo-ny-supermarket-shooting/19934843/
- WKBW Reportingwkbw.com/news/local-news/buffalo/jury-selection-begins-in-federal-death-penalty-trial-of-payton-gendron-in-buffalo-mass-shooting-case
- Spectrum News Buffalo, Oct. 12, 2026 Reportingspectrumlocalnews.com/nys/buffalo/news/2026/10/12/jury-selection-in-federal-trial-of-buffalo-mass-shooter-begins-tuesday
- JURIST, July 2022 Reportingjurist.org/news/2022/07/buffalo-supermarket-shooter-pleads-not-guilty-to-27-federal-charges
The record · as of Oct. 16, 2026
How we know
Primary records are court and agency documents; reporting is news coverage we checked against them. How we report.
What happens next
Verified timeline
- 2022-05-14Ten people were killed and three wounded in a shooting at the Tops Friendly Markets store on Jefferson Avenue in Buffalo, N.Y. Police arrested Payton Gendron, then 18, at the scene; he was arraigned on first-degree murder and held without bail (Erie County DA; UPI).Erie County DA; NPR; AP via 6abc; Boston Globe/AP; UPI
- 2022-06-02A state grand jury indicted Gendron on 25 counts, including first-degree domestic terrorism motivated by hate, 10 counts of first-degree murder, 10 counts of second-degree murder as a hate crime and 3 counts of attempted murder as a hate crime. He pleaded not guilty at arraignment in Erie County Court (Judge Susan Eagan) and was held without bond.JURIST; Spectrum News Buffalo; WKBW; UPI
- 2022-07-14A federal grand jury returned a 27-count indictment: 14 violations of the Shepard-Byrd Hate Crimes Prevention Act (10 hate crimes resulting in death, 3 attempts to kill, 1 attempt to kill other Black people) and 13 firearms offenses. Charges are allegations; the government alleges he chose victims because they were Black.U.S. Attorney's Office W.D.N.Y.; JURIST; Boston Globe/AP; WXXI
- 2022-07-18Gendron pleaded not guilty at his federal arraignment on the 27-count indictment.JURIST; Boston Globe/AP; WHEC; WKBW
- 2022-11-28Gendron pleaded guilty in Erie County state court to 15 counts, including first-degree domestic terrorism motivated by hate and 10 counts of first-degree murder; the terrorism count carries an automatic sentence of life without parole (DA John Flynn). The 10 second-degree counts were dismissed automatically.NPR via MPR; Gothamist; Fox; AP via 6abc
- 2022-12-09In federal court his lawyer (Sonya Zoghlin) said he was prepared to plead guilty to the federal charges in exchange for a life sentence. The Justice Department had not yet decided whether to seek death.NBC News; CBS News NY; WBFO
- 2023-02-15Gendron was sentenced in state court to life in prison without parole (11 concurrent life terms per Wikipedia compilation; NPR: life without parole). Judge Susan Eagan told him there is no place for his ideologies in a civilized society.NPR via KUNC; AP; Bangor Daily News/AP
- 2024-01-12The Justice Department filed notice that it will seek the death penalty on Counts 11-20 (the ten hate-crime-resulting-in-death counts): 'in the event of a conviction, a sentence of death is justified.'AP via ABC7; NPR via WFAE; AP via Westhawaiitoday
- 2026-10-13Federal jury selection began in U.S. District Court in Buffalo before Judge Lawrence Vilardo. About 1,200 people filled out questionnaires; roughly 700 remain, questioned in groups of 70, to seat 12 jurors and 6 alternates. The court clerk estimates 6-8 weeks. Gendron has pleaded not guilty to the federal counts and is presumed innocent of them.AP via 6abc/WLOS; Spectrum News Buffalo; WKBW; WHEC
- 2026-10-13Two-phase trial: jurors first decide guilt on the federal counts; if they convict, they decide between life in prison and death. Voir-dire framing (prosecution wants jurors open to death; defense wants jurors who have not made up their minds) is Spectrum News only, so keep as paraphrase (script TODO-2).WKBW; AP via 6abc; Spectrum News Buffalo
Also in our research file
- Broome County Teen Arraigned for Killing Ten, Injuring Three in Shooting at Buffalo Grocery Store Primary recordErie County District Attorney · May 14, 2022
- CourtListener/RECAP docket: US v. Gendron, 1:22-cr-00109 (W.D.N.Y.) Primary recordcourtlistener.com
- Biden remarks on Tops shooting (audio, public domain on Commons) Primary recordcommons.wikimedia.org
- Buffalo gunman willing to plead guilty to federal charges ReportingNBC News · Dec. 9, 2022
- The Buffalo Tops shooting suspect pleads guilty to state murder charges ReportingNPR via MPR · Nov. 28, 2022
- Gunman charged with killing 10 arraigned on federal charges ReportingBoston Globe · July 18, 2022
- Grand jury issues indictment in Buffalo supermarket attack ReportingSpectrum News Buffalo · June 1, 2022
- Grand jury indicts Buffalo shooter on 25 charges including domestic terrorism ReportingJURIST · 2022-06
Updates and corrections
Photo: Philcomanforterie / Wikimedia Commons (CC BY-SA 4.0)
Payton Gendron is convicted in state court and pleaded not guilty to the federal counts.
Spot an error? Email corrections@undercurrentdaily.com. See our corrections policy. Have information about this case? Contact the investigating agency first.
