BUFFALO, NY (WKBW) — The case of the confessed Tops shooter Payton Gendron continues to play out in a federal courtroom in Buffalo. Federal Judge Lawrence Vilardo ruled Monday prosecutors do not have to share evidence with the families as they pursue civil lawsuits.
7 News Senior Reporter Eileen Buckley was in the courtroom Monday and has reaction from some family members of the ten community members gunned down on May 14, 2022, outside the Tops Market on Jefferson Avenue on the city’s east side.
“They want us to, you know, sympathize with the terrorist,” remarked Zeneta Everhart, mother of survivor Zaire Goodman, in referring to the defense.
The public defense team lost its bid in federal court Monday to force prosecutors to share evidence, such as cell phone and social media of the gunman, with the victims' families as they pursue their civil suits.
“But for now, the victims will not be able to access any materials that they've been seeking to access for so long,” explained Kristen Elmore-Garcia, attorney.
Federal Judge Vilardo agreed with an earlier ruling, saying evidence in the Tops shooting does not need to be shared with civil attorneys. But the judge did state he was "surprised" the prosecution was opposed to sharing evidence, saying the government is "normally all about helping" victims.
“It was notable that Judge Vilardo called out that difference in the way the government is treating the victims of this action as opposed to the victims in the past Usually, the government does make every effort to attend to the needs of people who have suffered vicious crimes that was that was one of his very first questions for the government,” remarked Elmore-Garcia.
Gendron is already serving life sentences in the state’s case, as he tries to avoid the death penalty on federal charges.
Attorney Kristen Elmore-Garcia represents some of the families who have filed wrongful death suits over the Tops mass shooting.
“The real victims, the people who have actually lost, will have to wait for more meaningful access to the materials that affect them in their daily lives,” Elmore-Garcia noted. “What it boils down to is that they will have a much longer, a much more strenuous battle ahead to obtain the final important details of what really happened, what really led up to this event.”
Family member Barbara Massey Mapps lost her sister. Kat Massey was one of ten people killed in the racist-motivated attack.
“It gets painful because you've got to keep revisiting it over and over and over and I know they do what but it just seems forever,” reflected Mapps. “So we keep going backward. You’ve got to think about all this over and over. It's hard, but we have to stand strong for her. Because if Kat was living, she'd be right here.”
Zeneta Everhart, whose son Zaire Goodman survived the shooting appeared with Garnell Whitfield, who lost his mother Ruth. Both are outraged the defense is trying to use this in favor of the gunman as he awaits his fate in a possible death penalty case.
“And that wasn't voluntarily it was requested by our attorneys, so it's not like they did it because he's remorseful or anything like that,” Whitfield noted. “My interest is in bringing justice to all of the things that helped facilitate this outside of him. He’s where he's going to be, whatever happened to him happens and the attorney general is going to decide whether in fact, you get some death penalty, or multiple life sentences, or whatever it is — he’s off the streets — out of commission.”
“They're going to do anything that they can, I guess, to get on our good side, but I mean, for me, it's not going to work. I still feel nothing for him,” declared Everhart.
The defense team also told the judge Monday they did meet in Washington, D.C. on September 18 with the Capital Review Committee, but still no decision has been made yet from the U.S. Attorney General on the death penalty.
“Do you also remain frustrated that the U.S. Attorney has not made a decision yet on the death penalty part of the case?” Buckley asked.
“I think that's a process that is a multi-step process. It was good to obtain a status update today that the panel has actually met, and that it's time for the panel to deliberate before then passing on their findings to the U.S. Attorney General, who ultimately decides,” replied Elmore-Garcia.
Meanwhile, Elmore-Garcia says she will be appearing in the State Supreme Court on November 16 and 17 on behalf of three families to argue whether or not their cause should reach the next stage.
Another federal court hearing was set for October 20, but that has been adjourned and both sides will be back in federal court on November 28 at 9:30 a.m.
