BUFFALO, N.Y. (WIVB) — A federal judge has denied a motion to dismiss some of the charges against the Tops mass shooter, including those that carry the death penalty.
Payton Gendron’s defense team had previously filed to dismiss certain hate crime and firearm charges. In their motion, the defense argued that the hate crime offenses are “not predicate crimes of violence.”
In a 17-page written decision filed Thursday, Judge Lawrence Vilardo dissected each argument presented by Gendron’s team of public defenders before ultimately ruling against them.
This case is expected to be back in court next month for oral arguments on the defense’s motions to suppress specific evidence.
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