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Accused Tops shooter indicted on 25 counts

BUFFALO, N.Y. (WIVB) – The man accused in the mass shooting at the Tops on Buffalo’s East Side has been indicted on more than two dozen charges, including a domestic terrorism charge.

The indictment of Payton Gendron, 18, has been reported to the court, an official with the Erie County District Attorney’s office said. Prosecutors will not say what charges it includes. However, the indictment obtained by News 4 includes 25 charges.

  • Domestic act of terrorism motivated by hate in the first degree
  • Murder in the first degree (10 counts)
  • Murder in the second degree, as a hate crime (10 counts)
  • Attempted murder in the second degree, as a hate crime (3 counts)
  • Criminal possession of a weapon in the second degree, an armed felony

MORE | Read the full indictment here.

A law enforcement source says this marks the first time a grand jury in New York State has ever indicted a defendant on the charge of ‘domestic act of terrorism motivated by hate in the first degree’. It went on the books in 2020.

The defendant is expected to be in court to be arraigned on the indictment Thursday afternoon. Brian Parker, his attorney, did not immediately respond to a request for comment.

The shooting on May 14th at the Jefferson Avenue grocery store killed 10 people and injured three more. The suspect was initially charged with a single count of first-degree murder. During a May 19th court appearance, prosecutors told a judge that a grand jury had voted for an indictment. However, the grand jury’s investigation had not yet been completed at that time.

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