In court on Thursday, defense attorneys for a man accused of killing 10 people in a Buffalo supermarket failed to get the state’s case postponed for a year.
While a federal case against Payton Gendron is ongoing, the judge was asked for a delay by Gendron’s attorneys. The Buffalo News reported that Gendron’s attorneys claimed their work in the state case could have a negative impact on the efforts of Gendron’s federal defense attorneys because the federal hate crime charges may result in the death penalty.
Robert Cutting, the defendant’s attorney, told the judge, “At the end of the day, we don’t want our client killed.”
According to the newspaper, Erie County Judge Susan Eagan rejected the one-year stay but gave the defense team until October 6 to review the extensive evidence and decide whether to pursue a psychiatric defense.
Since his arrest shortly after the May 14 attack at a Tops Friendly Supermarket, which also left three people injured, Gendron, 19, has been detained without bail.
He was accused of first-degree murder, attempted murder, and murder committed as a hate crime in a 25-count indictment filed in a state court. He entered a not-guilty plea.
Attorneys for Gendron testified in court that they were informed that federal prosecutors would take a year to decide whether to seek the death penalty.
In court, Gendron was restrained and handcuffed while donning an orange jumpsuit.
Attorneys are not permitted to comment on the case due to a gag order.