BUFFALO, N.Y. — The lawyers for alleged Tops Market mass shooter Payton Gendron have not filed the necessary paperwork needed to pursue a psychiatric defense or extreme emotional disturbance, according to a New York State court spokesperson.
The deadline was for that was Thursday, October 6.
Gendron's defense team can still request that window be reopened for their state case. A judge would then decide whether to grant that request.
The accused Tops shooter is scheduled to be back in court in January.
The suspected shooter has been held without bail since his arrest shortly after the May 14 attack at a Tops Friendly Supermarket, which killed 10 people and injured three others.
RELATED VIDEO: