Justice Department prosecutors said in a court filing on Friday that they will seek capital punishment for Payton Gendron, 20, who is already serving a life sentence in prison with no chance for parole after pleading guilty to state charges of murder and hate-motivated domestic terrorism. New York does not invoke the death penalty.
Gendron had promised to plead guilty to federal hate crime charges if prosecutors did not seek the death penalty, but the Justice Department had the option to do so. It is unclear now how Gendron will plead.
United States Attorney of Western New York Trini Ross said