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.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
2 hours ago
- Yahoo
Bridgeport ‘painting the city blue' ahead of Swim Across the Sound fundraiser
BRIDGEPORT, Conn. (WTNH) — St. Vincent's Medical Center and the City of Bridgeport are turning the city blue this summer. Wanted felon arrested in Bridgeport, charged with attempted murder Mayor Joe Ganim and organizers from Swim Across the Sound unveiled the city's newest 'blue' street Monday to raise awareness for the Paint the City Blue banner fundraising campaign. The campaign allows people and businesses the opportunity to buy banners and support cancer patients. The banners will be displayed from June through September across Bridgeport. The 38th annual Swim Across the Sound will be on Aug. 2. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
2 hours ago
- Yahoo
Proctorsville teen arrested for stalking, unlawful restraint
CAVENDISH, Vt. (ABC22/FOX44) – State police began an investigation in May based on allegations of 'inappropriate sexual conduct'. Based on the investigation, Mathew Murphy, 19, of Proctorsville, was arrested on seven counts. Murphy is facing two counts each of lewd and lascivious conduct with a child, unlawful restraint, and disseminating indecent material to a minor. He is also facing one charge of aggravated stalking. Mama and baby bear cool off in California family's pool The age of consent in Vermont is 16 years of age. Vermont law has a so-called 'Romeo and Juliet' clause that exempts certain relationships when people are close in age, but it only applies when both people are under 19 years of age. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
2 hours ago
- Yahoo
Seniors in these Cleveland neighborhoods can soon get free doorbell cameras
CLEVELAND (WJW) – Senior citizens who live in Cleveland's Ward 1 will soon be able to apply for a free Ring doorbell camera. 'It would make me feel better than I feel now. It would deter some of the crime in the neighborhood,' said resident Willie McBride. People who live along East 173rd Street in Cleveland were happy to hear Monday that seniors living in Ward 1 can soon apply for a free Ring doorbell camera. 'You took this from a 4-year-old': Parma grandfather's plea after flamingo stolen The program was spearheaded by city councilman Joe Jones as a way to improve safety and security in the neighborhood. 'I'm so thankful that the county made the first step and rewarding us with $160,000. We will match it with discretionary funds,' said Jones. Jones said they hope to give out 2,000 cameras to seniors in Ward 1, which includes the Mt. Pleasant, Union-Miles and Lee-Harvard neighborhoods. New video shows wrong-way driver crashing into 5 cars on Ohio interstate Jones said the cameras are needed now more than ever, especially after seven teenagers were shot in the area of Lee Road and Harvard Avenue over the weekend. 'It sends a strong message that someone is watching you,' said Jones. The cameras and installation are free of charge. Jones said to be eligible, homeowners must be over 55 and make less than $40,000 a year. Jones said seniors will soon be able to apply online and the cameras will be distributed in September. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
