Buffalo Supermarket Shooter’s Lawyers Argue That He Should Be Exempt from Death Penalty

The gunman who killed 10 Black people at a Buffalo supermarket should be exempt from the death penalty because he was 18 at the time of the attack, an age when the brain is still developing and more vulnerable to negative influences, his defense team said in a new court filing.

The science of brain development has advanced since a 2005 Supreme Court ruling that said executing people under 18 years old was unconstitutional, Payton Gendron’s lawyers wrote. They cited newer research that indicates the brain may continue to develop into the early 20s.

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