BUFFALO, N.Y. — More than a year has passed since Payton Gendron walked into the Tops on Jefferson Avenue and killed 10 Black people and injured three more.
He plead guilty in state court back in February, and is serving a life sentence. However, his federal case has yet to go to move.
Gendron waived his appearance in a status conference, so he was not in the courtroom on Thursday.
U.S. Magistrate Judge Kenneth Schroeder Jr. wanted to set a schedule for the 19-year-old's case but there still isn't one.
Three months ago, Judge Schroeder gave Gendron's lawyers 90 days to review more than 2.8 terabytes of digital evidence in the case.
During that status conference Thursday, his lawyers said they needed more time to review evidence.
"I think we all feel frustrated. Coming to these court cases are not easy. It's hard to come here. It's hard to hear over and over and over again about what happened that day," said Zeneta Everhart, who's son Zaire Goodman was shot but survived his injuries.
Judge Schroeder recognized that and repeatedly questioned both the prosecution and defense about why things are not moving along, despite the extra time previously given.
At one point he said it's a case of hate and racism, mentioned that Gendron is already serving a life sentence after admitting guilt in a state case and then said "why it should take over a year is beyond me."
"I appreciate the judge's passion in this. He doesn't want to delay this process and he wants to do that because of what the families are dealing with," Everhart said.
"I kid you not, my blood pressure goes up every time I come (to court). When I leave here, I'm ok. But we have to go. I wish it was faster but it is what it is. We just deal with it now," said Barbara Massey-Mapps, whose sister Katherine Massey was killed in the shooting.
Gendron's lawyers argued they can't schedule a trial until U.S. Attorney General Merrick Garland decides whether to pursue the death penalty. Gendron has yet to enter a plea.
Judge Schroeder set an August 31 deadline for the defense to determine all legal issues not related to the death penalty.
He gave the prosecution a September 30 deadline to respond to any motions.
"I'm praying to God that this is over by the end of the year," said Massey-Mapps.
"I'd rather it take forever than for (Zaire) not to get the justice that he deserves," Everhart said.
Judge Schroeder is putting pressure on the prosecution and defense to get everything done pre-trial, so as soon as a decision is made on the death penalty, the federal case can move faster.
The next court date is set for October 24.
Judge Schroeder says if the death penalty has not been decided on by then, it's likely things will be pushed back once again.