Supermarket gunman’s lawyers say he should be exempt from the death penalty because he was 18

By CAROLYN THOMPSON
Associated Press

BUFFALO, N.Y. (AP) — Lawyers for the gunman who killed 10 Black people at a Buffalo supermarket say he should be exempt from the death penalty because he was 18 at the time of the attack. The Supreme Court in 2005 carved out protections against executing people under 18. Payton Gendron’s lawyers say science has advanced since then, and shows the brain can continue to develop into the early 20s.  Gendron, now 20, is serving life without parole after pleading guilty to state murder charges. The government says it will seek the death penalty if he’s convicted in a separate federal case, set to go to trial next year.