Buffalo, N.Y. (WBEN) - A decision regarding whether or not to pursue the death penalty in the federal case against the Tops mass shooter is still up in the air.
One year to the day following Payton Gendron's guilty plea in his case at the state level of court, parties in his federal case reported back to Downtown Buffalo on Tuesday for a status conference.
At this time, both sides have presented their case to the U.S. Attorney General's Office regarding a possible death penalty case against Gendron, but a decision has yet to be made by Merrick Garland.
Judge Lawrence Vilardo said Tuesday in court he thought a decision on the pursuit of the death penalty was coming this fall, but attorneys have no inkling when a decision will be made, at this time.
Vilardo wants to keep a short leash on this case, but realizes there are still so many moving parts with this matter.
Both sides will meet once again at the Federal Courthouse in Downtown Buffalo on Friday, Jan. 12, 2024 at 2 p.m. EST, where it is expected both sides will argue motions to try and decide what will happen next. That is unless a decision has been made by the U.S. Attorney General's Office on pursuing a death penalty case.
Gendron was not in attendance for Tuesday's status conference.
He is currently serving a life sentence in prison with no chance of parole after pleading guilty to 10 counts of murder and hate-motivated terrorism charges following his sentencing in state court in February.
