Buffalo, N.Y. (WBEN) - A day after being sentenced to life without parole by Erie County Court Judge Susan Eagan, the admitted racist Tops mass killer, Payton Gendron, was in federal court in Buffalo for a status conference.
Gendron agreed to be transferred to the custody of the U.S. Marshals Service under the Interstate Agreement on Detainment and is due back in court March 10 for another legal conference.
The transfer is characterized as temporary until the federal aspect of the case is concluded. Then he will be transferred back to the custody of New York State to serve out his time in prison.
One of the stipulations with this decision on Thursday was with Gendron being transferred to federal custody, it would normally then kick in a 120-day period in which a trial would have to begin. However, the judge and both legal parties agreed to hold off that countdown until everyone reconvenes on March 10.
During the scheduled March 10 appearance set for 10:30 a.m. EST, both sides in the case will be prepared to further discuss details of a potential death penalty case against the mass shooter.
Judge Kenneth Schroeder continues to press the issue of timing with this federal case, saying the public has the right to a speedy trial. He wants for the legal process to continue to keep moving forward before it starts to stagnate.
It is possible that March 10 will give better detail into when there could be a scheduled time for a hearing with the U.S. Attorney General's Office in Washington, D.C. regarding a possible death penalty case. The defense counsel says they will review the discovery that is presented by the March 10 court date, and be prepared for mitigation.
As he did Wednesday, Gendron appeared wearing his orange jump suit, glasses and restraint chains.
U.S. Attorney General Merrick Garland has not ruled out seeking the death penalty against the gunman, who was 18 when he opened fire in a predominantly Black neighborhood 200 miles from his mostly white hometown of Conklin. Assistant U.S. Attorney Joseph Tripi indicated discussions are ongoing.
New York does not have capital punishment -- life without parole is the maximum sentence — but the death sentence is still an option in federal court, where Gendron is charged with hate crimes resulting in death and discharging a firearm to commit murder. The latter charge is a capital offense.
A trial could be scheduled for July if the case is not resolved before then, U.S. Magistrate Judge H. Kenneth Schroeder said.
At Wednesday's sentencing, Gendron apologized for the attack that he planned for months and live-streamed over the internet using a GoPro video camera.
“I cannot express how much I regret all the decisions I made leading up to my actions on May 14,” Gendron said after listening to relatives of his victims express rage and sorrow in a series of victim impact statements. “I did a terrible thing that day. I shot and killed people because they were Black.”
According to the federal complaint, the semi-automatic rifle Gendron used was marked with racial slurs and various phrases, including “The Great Replacement,” a reference to a conspiracy theory that says there’s a plot to diminish the influence of white people.
The complaint also references detailed written plans by Gendron, including that he researched the zip code with the highest percentage of Black people reachable from his home and chose the Tops store for its concentration of Black shoppers and employees.