Tree of Life shooter Robert Bowers, along with Boston Marathon bomber Dzhokhar Tsarnaev and Charleston, S.C., church shooter Dylann Roof, was not included in the more than three dozen death row commutations announced on Monday by President Joe Biden in the final weeks of his presidency.

Biden announced that he will commute the sentences of 37 of the 40 individuals on death row across the U.S. A statement released by the White House said that Biden “believes that America must stop the use of the death penalty at the federal level, except in cases of terrorism and hate-motivated mass murder – which is why today’s actions apply to all but those cases.”

On Oct. 27, 2018, Bowers entered the Tree of Life Synagogue during Shabbat morning services, where he killed 11 congregants in the building, which housed several separate Jewish congregations. Bowers’ social media posts over a period of several years before the attack showed him increasingly radicalized by far-right ideologies. Shortly before the attack, Bowers specifically referenced HIAS, founded as the Hebrew Immigrant Aid Society, a nonprofit that aids in refugee resettlement that had held an event at the synagogue earlier in October. 

Killed in the attack were Joyce Fienberg, 75; Richard Gottfried, 65; Rose Mallinger, 97; Jerry Rabinowitz, 65; brothers Cecil Rosenthal, 59, and David Rosenthal, 54; Bernice Simon, 84, and her husband, Sylvan Simon, 86; Daniel Stein, 71; Melvin Wax, 87 and Irving Younger, 69.

In June 2023, Bowers was found guilty of more than five dozen federal charges tied to the attack and sentenced to death two months later. An appeal from Bowers’ legal team was denied earlier this year.

Tsarnaev, with his brother, killed five people during a string of attacks that began during the 2013 Boston Marathon. In 2015, Roof, murdered nine people during a Bible study class at a church in Charleston, S.C., were not included in the list of those whose sentences will be commuted to life in prison without the possibility of parole.