Jury selection begins in federal death penalty trial of Buffalo supermarket gunman
Jury selection began Tuesday in the federal capital trial of Payton Gendron, who killed 10 Black people at a Buffalo Tops supermarket in 2022. His lawyers do not dispute guilt and aim to avoid a death sentence, and victims' relatives disagree on whether he should get one.
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The story, neutrally told
Mixed · 2Jury selection was set to begin on Tuesday 13 October 2026 in the federal trial of Payton Gendron, who faces a possible death sentence for the 2022 shooting at a Tops Friendly Market in Buffalo, New York. New York PostR “Jury selection is set to begin Tuesday in the federal trial in which Payton Gendron faces a potential death penalty.” Read at New York Post ↗ The IndependentLC “Jury selection is set to begin Tuesday in the federal capital trial of Payton Gendron” Read at The Independent ↗ Mixed · 2Gendron faces 27 federal hate crime charges and 20 firearms charges, according to The Independent; the AP copy in the New York Post says "over two dozen" hate crime charges and "more than a dozen" firearms charges. The IndependentLC “Gendron is facing 27 federal hate crime charges and 20 firearms charges.” Read at The Independent ↗ New York PostR “Gendron is facing over two dozen federal hate crime charges and more than a dozen firearms charges.” Read at New York Post ↗ Mixed · 2He is already serving life in prison after pleading guilty to state murder charges in 2023, when he tearfully admitted to the attack and renounced his white supremacist views. New York PostR “He is already spending life in prison after pleading guilty to state murder charges in a 2023 trial where he tearfully admitted to the crimes and renounced his past views.” Read at New York Post ↗ The IndependentLC “He is already serving life in prison without parole after pleading guilty to state murder and terrorism charges in 2023” Read at The Independent ↗
Mixed · 2On 14 May 2022, an 18-year-old Gendron drove more than 200 miles from his home in Conklin, New York, to Buffalo and fired around 60 shots from a rifle at shoppers and employees, then surrendered to police outside the store; video showed him apologising to a white store worker he had shot. New York PostR “On May 14, 2022, a then-18-year-old Gendron drove over 200 miles (320 kilometers) from his home in Conklin, a predominantly white and rural town, to Buffalo.” Read at New York Post ↗ The IndependentLC “He surrendered to police outside the market.” Read at The Independent ↗ Right · 1All 10 people killed were Black and aged 32 to 86; they included Celestine Chaney, Ruth Whitfield and Aaron Salter, a retired Buffalo police officer working as a security guard. Investigators found Gendron's online posts and writings planning an attack on non-white, non-Christian people and promoting the baseless "great replacement" theory. New York PostR “The victims who were killed were all Black and between the ages of 32 and 86.”“He also promoted a baseless “great replacement theory” that people of color will replace white people through higher birth rates and immigration.” Read at New York Post ↗ Mixed · 2His federal defence team will not dispute his guilt. The Federal Public Defender's Office said "Nothing will change the fact that Payton Gendron will die in prison" and that it will present mitigating evidence for the jury to consider. New York PostR ““Nothing will change the fact that Payton Gendron will die in prison,” the federal public defender’s office said in a statement.” Read at New York Post ↗ The IndependentLC ““At trial, we will offer mitigating evidence about Payton that the jury needs to consider in making its decision.” Read at The Independent ↗
Mixed · 2Under President Joe Biden, the Justice Department decided in 2024 to seek the death penalty, the first capital case overseen by then-Attorney General Merrick Garland, who had imposed a moratorium on federal executions. Prosecutors rejected an offer by Gendron to plead guilty in exchange for a life sentence. New York PostR “It was the first capital case overseen by then-Attorney General Merrick Garland, who had previously put a moratorium on the death penalty.” Read at New York Post ↗ The IndependentLC “Gendron had offered to plead guilty in federal court in exchange for a life sentence, but prosecutors flatly rejected the deal.” Read at The Independent ↗ Right · 1Victims' relatives are divided. Wayne Jones, whose mother Celestine Chaney was killed, does not want a death sentence and says Gendron should "sit and have to think about it" while facing decades of appeals. Zeneta Everhart, a Buffalo Common Council member whose son Zaire survived being shot in the neck, says seeking the death penalty is important but that justice will be served if he does not get it. New York PostR ““I really think that he should just sit and have to think about it year after year after year and just be miserable,””““It is important we go after the death penalty in this case. But if he doesn’t end up getting it, I know that justice will be served.”” Read at New York Post ↗ Mixed · 2Garnell Whitfield, whose 86-year-old mother Ruth was killed, takes no position on capital punishment, calling it a matter for the federal government. He hopes testimony will reveal the support Gendron may have had and the radicalisation behind the attack. New York PostR ““the support that he (Gendron) might have had, the radicalization, social media and societal ills that caused people to hate and be violent that are inherent in our society”” Read at New York Post ↗ The IndependentLC “He remains neutral on the death penalty itself, noting it is up to federal prosecutors to take whatever course they deem necessary.” Read at The Independent ↗
Mixed · 2Hate crime analyst Brian Levin said Gendron fits a pattern of young, mostly white men carrying out targeted massacres justified by manifestos. FBI data released in August showed more than 2,800 anti-Black hate crime incidents reported in 2025, nearly three times the number targeting Latino victims, while overall hate crime incidents fell 7%. New York PostR “According to FBI data released in August, law enforcement agencies reported over 2,800 anti-Black hate crime incidents in 2025, nearly three times the number targeting Latinos.” Read at New York Post ↗ The IndependentLC “even as overall reported hate crimes fell 7% year-over-year” Read at The Independent ↗
Every sentence links to the reporting it rests on. The pill in front of each says where its sources sit: Left, Centre or Right when one side supplies at least half of them, Mixed when they are evenly split. The number is how many outlets it cites.
Left1 outlet
- Framing
- The Independent leads with the death penalty question and victims' families' differing views, with a more emotive tone than the AP version.
- Emphasis
- Families' split views, the defence's 'sole mission' to avoid execution, and anti-Black hate crime statistics.
- Leaves out or plays down
- Does not note that Everhart ran for office after her son's shooting or the record-high 1996 figure for anti-Black incidents.
- Charged language
- “racist massacre”“Their sole, desperate mission”“sickening digital trail”“the monster”
- For example
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“Their sole, desperate mission is to save him from lethal injection.” — The Independent
“Investigators uncovered a sickening digital trail” — The Independent
Centre0 outlets
No centre outlet in our sources has covered this story yet.
Right1 outlet
- Framing
- The New York Post runs the AP report in a restrained, procedural tone, framing it as a federal hate crimes trial.
- Emphasis
- The charges, the trial and the families' range of views, with added context on FBI hate crime data.
- Leaves out or plays down
- Omits the terrorism charges in the state plea and the detail that prosecutors rejected the deal 'flatly'.
- Charged language
- “deadliest hate-motivated shooting”
- For example
-
“Their sole objective is to ensure Gendron is spared from execution.” — New York Post
“Some victims’ family members, however, are not totally against the death penalty.” — New York Post
What every side reports
- Jury selection was due to begin Tuesday in Payton Gendron's federal trial.
- Gendron killed 10 Black people at a Tops Friendly Market in Buffalo on 14 May 2022 and is already serving life after a 2023 state guilty plea.
- His defence does not dispute guilt and will present mitigating evidence to avoid a death sentence.
- The Justice Department under Biden decided in 2024 to seek death and rejected a life-sentence plea offer.
- Victims' relatives disagree about, or take no position on, the death penalty.
Where accounts differ
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How the charges are described
- Left
- 27 federal hate crime charges and 20 firearms charges.
- Right
- Over two dozen hate crime charges and more than a dozen firearms charges (AP copy).
-
Gendron's state sentence and charges
- Left
- Life without parole after pleading guilty to state murder and terrorism charges.
- Right
- Life in prison after pleading guilty to state murder charges.
Death penalty topic
Federal prosecutors are seeking a death sentence, decided in 2024 under Biden, and rejected a life-sentence plea deal. The defence says Gendron will die in prison and will offer mitigating evidence.
“The Justice Department rejected that proposal.” — New York Post
““At trial, we will offer mitigating evidence about Payton that the jury needs to consider in making its decision.” — New York Post
Tops Friendly Markets organisation
The Tops Friendly Market in Buffalo is the site of the 2022 shooting; the coverage reports no statement from the company.
“The attack at the Tops Friendly Market in 2022” — New York Post
Left1 article
-
Buffalo supermarket gunman faces death penalty four years after racist massacre
Sympathetic Emotive, victim-centred account of the divided family views, with stronger language about the gunman and the defence than the AP text.

Centre0 articles
No coverage yet.
Right1 article
-
New York PostR · · via AP
Jury selection to begin in federal hate crimes trial over deadly Buffalo supermarket shooting
Neutral Restrained AP account of the trial's start, the defence and families' views, with added FBI context.

- 13 Oct 09:32 First The IndependentLC Buffalo supermarket gunman faces death penalty four years after racist massacre
- 13 Oct 18:44 +9h 12m New York PostR Jury selection to begin in federal hate crimes trial over deadly Buffalo supermarket shooting via AP
Times are when each article was published, or when we first saw it if the outlet gave no time.
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