On Thursday, a federal judge formally imposed a death sentence on Robert Bowers, the man convicted of shooting and killing 11 people inside the Tree of Life synagogue in Pittsburgh, Pennsylvania. Previously, on June 16, a separate federal jury convicted Bowers on 63 counts, including 11 capital offenses, which made Bowers eligible for the death penalty.
For 22 of the 63 counts against Bowers, District Judge Robert Colville imposed the penalty of death by execution. For the remainder of the counts against Bowers, the judge imposed life imprisonment without the possibility of release.
Reflecting on Bowers’ sentence, the family of two of the shooting victims, Rose Mallinger and Andrea Wedner, thanked the jurors and said, “[A] measure of justice has been served.”
Federal cases that involve the death penalty are split into two phases. The first phase requires a jury to make a determination of guilt on criminal cases. For a defendant to be eligible for the death penalty, the case must involve a capital offense. During this phase, prosecutors present evidence that meets the standard to convict on the charged offenses.
After a jury returns a guilty verdict on a capital offense, the second phase involves a separate jury, which determines whether the defendant is eligible for the death penalty. That same second phase jury also recommends whether the death penalty should be applied, though the judge makes the final determination. During this phase, prosecutors present evidence of aggravating factors for the crimes the defendant is convicted of, while the defense presents mitigating factors.
On June 16, a federal jury in Pittsburgh found Bowers guilty on all 63 counts in the first phase of the case. It was not until July 13 that a separate jury found that Bowers was eligible for the death penalty. That same jury then recommended Bowers receive the death penalty on Wednesday.
11 congregants of the Tree of Life synagogue in Pittsburgh lost their lives on October 27, 2018, when Bowers entered the building during Shabbat services and opened fire. During Bowers’ trial, prosecutors revealed that Bowers participated in and consumed white supremacist media leading up to the shooting. Prosecutors told the jury that Bowers entered the synagogue with the intent to “hunt down and kill every Jew he could find.” Ultimately, jurors agreed with prosecutors, finding Bowers guilty.
Despite Thursday’s sentencing, it is unlikely that Bowers will actually face death by execution. As it stands now, there is a moratorium on all federal executions in the US. US Attorney General Merrick Garland imposed the moratorium on July 1, 2021, to review the department’s policies and procedures.