Roof now faces a possible death sentence in two cases set to unfold in South Carolina, as state authorities have also said they will seek the death penalty for him.
In a court document on Tuesday, federal prosecutors outlined a series of factors they said justified a federal death sentence for the June 2015 attacks inside the Emanuel AME Church, describing the shooting as a carefully planned, racially motivated massacre.
They argued in the seven-page filing that Roof, who is white, “demonstrated a lack of remorse,” had specifically targeted the church’s Bible study group to “magnify the societal impact” of the rampage and that “his animosity towards African Americans played a role in the murders.”
In addition, prosecutors highlighted that three of the victims were between the ages of 70 and 87. The federal death penalty statute says that if a victim is particularly young or old, that can be one of the aggravating factors to warrant the death sentence.
The decision announced Tuesday comes less than a month before the first anniversary of the attack, which unfolded inside the historic Charleston church that birthed a slave rebellion and helped incubate the civil rights movement in that city.
Steve Schmutz, a lawyer representing family members of three of the victims, said federal officials held a conference call on Tuesday to inform relatives of the decision. Schmutz said he believed these relatives supported Lynch’s decision.
“Regardless of whether or not you’re for the death penalty, the thought process is this: where else would you have it, if not for here?” Schmutz said.
In the aftermath of the church shooting, authorities said they found a racist manifesto Roof had posted on his website and modified just hours before the rampage. This site was filled with racial stereotypes and diatribes against black, Jewish and Hispanic people as well as photos of Roof holding a .45-caliber Glock pistol and a Confederate flag.
Arthur Hurd, whose wife, 55-year-old Cynthia Hurd, was among the victims, said he thought seeking the death penalty was a “good idea” given the motivation Roof had expressed.
“Since he feels that strongly, then let the law of the land take care of it,” Hurd said.
Hurd said Cynthia, a branch manager at a library, “went out of her way and helped everybody that she can.” On Tuesday, after learning of the government’s decision, Hurd said seeing Roof executed would not bring him any closure. Only a face-to-face conversation with Roof might do that, Hurd said. “Maybe I can get the feeling that, ‘Hey, what in the world were you thinking about?'” he said.
Still, he offered one other thing that he said could help him. “I told them what would really bring me to a point of happiness would be that I was the one that pushed the plunger if he got injected,” Hurd said.
David Bruck, an attorney for Roof, had said he would plead guilty to the federal hate crime charges, but also said he could not advise him until federal authorities decided on the death penalty. The judge then entered a “not guilty” plea for Roof at a hearing last summer, essentially a temporary plea until the death penalty decision could be made.
Bruck did not immediately respond to messages seeking comment Tuesday.
It was unclear how the death penalty decision announced Tuesday could impact Roof’s plea. A plea can ultimately be used as a way to avoid a death penalty in capital cases.
In perhaps the most famous example, Theodore J. Kaczynski — known as the Unabomber — eventually struck a deal and pleaded guilty the day opening arguments were going to begin in his trial, reversing his longstanding position of pleading not guilty. As a result, he agreed to a sentence of life in prison without possibility of parole and evading the death penalty.
While the federal government has decided to seek this sentence, it cannot execute anyone right now. The Justice Department effectively has a moratorium on executions while it reviews the federal death penalty statute, and federal officials have said that the Bureau of Prisons does not possess doses of drugs needed for lethal injections due to the ongoing review.
Federal death sentences are rare, and executions under this statute are even rarer. Since the federal death penalty statute was reinstated in 1988 and expanded in 1994, the federal government has put three inmates to death.
This story has been updated multiple times. First published: 5:15 p.m.