Judge denies motion to dismiss hate crime count against Tops mass shooter
BUFFALO, N.Y. (WIVB) — A federal judge on Monday denied a motion to dismiss one of the hate crime counts the Tops mass shooter is facing.
Payton Gendron's attorneys previously filed a motion to dismiss the charge tied to the people who were at the Tops on Jefferson Avenue during the racist attack on May 14, 2022, but not killed or injured.
They argued that it was not directed at a specific, identifiable victim, and therefore should be dismissed.
Judge Lawrence Vilardo ruled that the count does refer to a particular group of people.
'The government responds that count 27 'clearly delineate[s] a discrete class of victims: the Black people who were present in and around Tops during [Gendron]'s mass shooting,' so there is no ambiguity about the intended victims' identities,' the lawsuit said.
This case is expected to be back in a federal court room next week for a status conference.
Marlee Tuskes is an award-winning anchor and reporter who has been part of the News 4 team since 2019. See more of her work here and follow her on Twitter.
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