New York City terrorist who killed 8 on bike path avoids death penalty

Jurors told judge they were unable to reach unanimous verdict required for capital punishment

Sayfullo Saipov, an Uzbek citizen who lived in New Jersey, has received an automatic sentence of life in prison without parole for the 2017 attack. Reuters

A split among jurors means there will be no death penalty for an Islamist extremist who maniacally raced a lorry along a popular New York City bike path, killing eight and maiming others.

The decision means Sayfullo Saipov, 35, an Uzbek citizen who lived in New Jersey, has received an automatic sentence of life in prison without the possibility of parole in the October 2017 attack.

Jurors told the judge on Monday that they were unable to reach the unanimous verdict required for a death sentence.

The sentencing was the culmination of a trial that featured emotional evidence from survivors of the attack and relatives of the five tourists from Argentina, two Americans and a Belgian woman who were killed.

The same jury convicted Saipov in January of 28 charges including murder in aid of racketeering and supporting a terrorist organisation.

It returned last month for a penalty phase to decide whether he should be sentenced to death or spend the rest of his life at a maximum-security prison in Florence, Colorado.

Over several days, prosecutors argued for the harshest punishment. Some of Saipov’s relatives gave evidence saying that they still loved him and hoped he would eventually realise the evil of his act.

Saipov’s responsibility for the killings was never in doubt. His lawyers conceded he steered his rental lorry on a sunny day on to a crowded lower Manhattan bike path along the Hudson River in a bid for martyrdom.

Prosecutors said he sped up, trying to kill as many people as he could. His plan to drive to the Brooklyn Bridge and kill even more people was thwarted when he crashed into a school bus.

He left the wrecked vehicle shouting and wielding paintball and pellet guns, before being shot by a police officer.

Prosecutors said he smiled as he asked that an ISIS flag be posted on the wall of his hospital room.

While some US states send prisoners to death row with regularity, that kind of outcome is extremely rare in New York, which no longer has capital punishment and last executed a prisoner in 1963.

A day after the attack, then-president Donald Trump tweeted that Saipov should receive the death penalty.

President Joe Biden pledged during his campaign to work towards abolishing federal capital punishment, and no federal executions have taken place since he took office.

US Attorney General Merrick Garland imposed a moratorium on executions for federal crimes in 2021, but has allowed prosecutors to continue advocating capital punishment in cases inherited from previous administrations.

During his trial, Saipov seemed moved by evidence from his father and sisters. Otherwise he sat quietly, his shoulders slumped, as he listened through headphones to the evidence given by victims, including a woman from Belgium who lost her legs, and her husband, who needed brain surgery because of the attack.

Saipov turned down the chance to give evidence at trial. But during his 2019 pretrial hearing, he lectured Judge Vernon S Broderick about the American legal system, insisting that he could not be judged for eight deaths when “thousands and thousands of Muslims are dying all over the world”.

During closing arguments in the penalty phase on Tuesday, lawyers made a final appeal to jurors.

Assistant US Attorney Amanda Houle called for the death penalty for Saipov’s “unremorseful slaughter of innocent civilians”.

Defence lawyer David Patton called for a life sentence, saying his client then will “die in prison in obscurity, not as a martyr, not as a hero to anyone”.

Saipov came to the US legally from Uzbekistan in 2010 and lived in Ohio and Florida before moving to Paterson, New Jersey.

His death penalty trial was the first of its kind in New York in a decade.

In 2007 and again in 2013, federal juries in Brooklyn sentenced to death a man who killed two New York police detectives, but both sentences were reversed on appeal before a judge ruled the killer was intellectually disabled.

In 2001, a Manhattan federal jury rejected the death penalty for two men convicted in the deadly bombings of two us embassies in Africa after their lawyers argued against making the defendants into martyrs.

The last time a person was executed for a federal crime in New York was in 1954.