BUFFALO, N.Y. — The gunman who opened fire inside and outside of Tops supermarket on May 14, 2022, could learn about a major development in the federal case.
Payton Gendron is expected in federal court at 2 p.m. court on Friday.
Families of the ten black people killed along with those injured by gunfire have been asked to be in court Friday morning. Officials from the U.S. Justice Department are also going to be in town.
Attorney John Elmore who represents some of the victims families said "the case has been adjourned several times for the Justice Department to make a determination whether or not they're going to seek the death penalty. It's a possibility that that's what the announcement is, but they have not disclosed what the announcement is other than to say that it's a very important announcement."
He said family members have met with members of the Justice Department. Meanwhile, the shooter's lawyers have made a presentation to some lawyers in Washington, D.C. for mitigation.
"The ultimate decision is going to be made by Merrick Garland himself. It's possible that we'll have this decision tomorrow. I can't say for certain," said Elmore.
The families are anxious to find out what the announcement is on Friday.
Gendron was sentenced in Erie County Court in February 2023 to life in prison without parole for the domestic terrorism charge and all 10 first degree murder charges. He had pleaded guilty to the state charges in late November 2023.
2 On Your Side is following this story and will have more updates from federal court on Friday.