Federal prosecutors in Tops shooter Peyton Gendron’s upcoming trial may include three aggravating factors in their argument for the death penalty, a federal appellate court ruled Monday.
Those factors are Gendron’s racist motive behind the May 14, 2022 mass shooting, his alleged attempt to inspire other acts of violence, and the impact of the shooting on surviving victims.
Gendron was convicted in a state trial for the fatal shootings of ten Black people and the wounding of three other victims. On the day of his attack, a lengthy series of racist documents and essays were posted. It was pulled from the internet shortly after the shootings, but prosecutors are expected to argue his writings showed his racial motivation behind the shootings and his hope that his deeds would inspire additional acts of violence.
Monday’s ruling allows prosecutors to use these factors in the penalty phase of the federal trial, if it comes to that stage.
The case resumes in U.S. District Court Thursday with a status conference.
Potential jurors first received questionnaires in June. In-person jury selection is scheduled to begin August 17, while opening statements are tentatively scheduled to begin October 13.