BUFFALO, N.Y. (WIVB) — The man who killed 10 people and critically injured three others at a Tops market on May 14 was back in federal court Thursday morning – one day after he was sentenced to life in prison in his state case.

Payton Gendron was remanded to federal custody. He was released to U.S. Marshals and will remain in their custody as the case continues. As of Thursday afternoon, he is being held in the Livingston County Jail.

The biggest question that remains unanswered is whether the gunman will face the death penalty. He is facing 27 charges in his federal case – including 10 counts of committing hate crimes resulting in death. He also faces 10 counts of use of a firearm to commit murder during an in relation to a crime of violence – these charges could carry the death penalty.

The Department of Justice has yet to make their decision, but according to the defense and prosecution, the first step toward getting that answer has happened after both side held a meeting with local DOJ officials to make their cases. The next meeting will be held in Washington, D.C., but that has not been scheduled at this time.

During a very emotional day inside a New York State courtroom, 13 survivors and loved ones of the victims gave victim impact statements during sentencing. Many said they do not want Gendron to receive the death penalty, instead they want him to suffer inside a jail cell for the rest of his life.

The gunman read an apology in court prior to his sentencing being handed down – though some of the victims’ loved ones said they believe he did that to avoid the death penalty.

His attorneys have previously said he would plead guilty to federal charges if the death penalty was off the table. If not, they will proceed to trial.

Zeneta Everhart is the mother of Zaire Goodman, who survived a gunshot wound to the neck. He had been working at Tops on Jefferson Avenue when Gendron shot him.

“We saw how emotional a sentencing was yesterday, so [a trial] is going to be taxing on all of us, on all of the families and the victims. We don’t know what they’re going to do. We’re waiting just like everybody else at this point,” Everhart said. “But would a trial be good? Yeah. For me personally it will be good. I said it before, I don’t believe in the death penalty; that’s just who I am generally. But I believe a trial will put domestic terrorism on trial.”

The gunman is scheduled to be back in a federal courtroom on March 10 for another status conference where the attorneys are expected to discuss the “voluminous discovery” in this case.

Judge Kenneth Schroder is also expected to issue a scheduling order at this date, which will begin the process of setting a date for trial.