Attorneys for Tops shooter ask judge to let victims keep proof for usage in civil cases

BUFFALO, N.Y. (WIVB)-- Victims of the Tops shooting and their households may quickly get an increase as they examine efforts to submit suits related to the attack.

Federal public defenders representing the guy who admitted to eliminating 10 individuals and injuring 3 others in the shooting filed a motion Friday to let the victims' attorneys retain particular proof deemed "possibly vital to civil lawsuits they are pondering."

Particularly, the defense lawyer are asking United States Magistrate Judge H. Kenneth Schroeder Jr. to let victims' lawyers use forensic images of Payton Gendron's cell desktop, phone, and laptop computer computer. The movement also covers information associated to his computer files, text messages, emails, and social media accounts.

It restricts the sharing of proof. The order does enable the public protectors to review evidence with victims and their lawyers. The victims and their lawyers are just permitted to examine, and not keep the proof.

When requested for a comment on the defense motion Friday afternoon, a representative for the U.S. Attorney's Office said they could not talk about a pending case.

As noted in the motion, attorneys for a number of victims have been investigating whether to bring civil cases connected to gun and body armor manufacturers or the shooter's usage of social media.

In a report released this previous October, The New York State Office of the Attorney General wrote that the shooter, who is currently serving life in prison after pleading guilty to state charges of domestic terrorism motivated by hate and murder, was "indoctrinated and radicalized" through online platforms and "used these and other platforms to plan, implement, and promote these acts of horror."

He is still dealing with 27 federal charges in a prosecution that is eligible to be a capital case. Defense attorneys say he wants to plead guilty in the federal case if the death sentence is removed the table.

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Chris Horvatits is an award-winning reporter and anchor who started working at WIVB in 2017. A Lancaster local, he pertained to Buffalo after working at stations in Rochester and Watertown. See more of his work here and follow him on Twitter.