Buffalo, NY (WBEN) As the case against the suspected Tops shooter moves forward, a federal investigation could lead to the possibility of the death penalty being on the table. One attorney says it's a possibility, but stops short on whether it should be such a case.
John Elmore represents some of the Tops shooting victims, but he says he hasn't had a chance to talk about that with his clients. "All I know is is the clients here are hurting," says Elmore. He does believe the death penalty is a real possibility. "The death penalty was used in in Boston for the Boston Marathon bomber, who killed three people. It was used in South Carolina against Dylan Roof. Both cases the death sentences were upheld on appeal," notes Elmore. He adds the Tops shooting had more fatalities
Elmore says the decision will be up to Attorney General Merrick Garland. "He's indicated that, as Attorney General, he's going to be one that bases things on his own politics and his own judgment, and without influence from the president," but he can't help but wonder if President Biden will have any influence on it.
Elmore says considering the death penalty in any case should not be taken lightly. "Society has to be very, very careful to make sure that innocent people don't get killed and innocent people don't get executed," says Elmore. "Each case has should be looked at on an individual basis." Elmore says the death penalty needs to be reserved for the most heinous cases.
