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Federal hate crimes trial of Payton Gendron to open with jury selection

Payton Gendron, who killed ten people at a Buffalo supermarket in 2022, faces a potential federal death penalty.

Updated Oct 13, 2026 · 22:15 UTC4 reports

The short version

  • Jury selection is set to begin Tuesday in Payton Gendron's federal hate crimes trial over the 2022 Buffalo shooting that killed ten people.[Associated Press · ABC News]
  • Gendron already serves a life sentence from a 2023 state murder plea and faces over two dozen federal hate crime charges and more than a dozen firearms charges.[Associated Press · ABC News]
  • The Justice Department chose in 2024 to seek the death penalty and rejected a plea offer that would have required a life sentence; Gendron's defense says it will not dispute guilt.[Associated Press · ABC News]

Key facts

  • Jury selection is set to begin Tuesday in the federal trial in which Payton Gendron faces a potential death penalty.[Associated Press · ABC News]
  • Gendron faces over two dozen federal hate crime charges and more than a dozen firearms charges.[Associated Press · ABC News]
  • The 2022 attack at the Tops Friendly Market is believed to be the deadliest hate-motivated shooting targeting Black people by a lone gunman in the last century.[Associated Press · ABC News]
  • The shooting killed ten people, all Black and between 32 and 86 years old.[Associated Press · ABC News]
  • Under President Joe Biden, the Justice Department decided in 2024 to pursue a death sentence, the first capital case overseen by then-Attorney General Merrick Garland.[Associated Press · ABC News]
  • The Justice Department rejected a proposal from Gendron's legal team to plead guilty in the federal case in exchange for a life sentence.[Associated Press · ABC News]
  • According to hate crime analyst Brian Levin, Black people have been the 'no. 1 numerical target' of hate crimes annually since the FBI began collecting data in 1991.[Associated Press]
  • The FBI reported a 7% decline in hate crime incidents from 2024 to 2025.[Associated Press · ABC News]

What remains uncertain

  • The trial's outcome and whether any death sentence is imposed remain unresolved, since jury selection has not yet begun.[Associated Press · ABC News]
  • Victims' family members have mixed views on the death penalty; some are reported to be not totally against it.[Associated Press]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.