Accused gunman in Tops mass shooting indicted by grand jury

Payton S. Gendron, 18, charged with first-degree murder for killing 10 people Saturday in the Jefferson Avenue mass shooting, was voted by a grand jury Wednesday to be indicted on his charge, prosecutor Gary W. Hackbush, chief of the Erie County Homicide Bureau, said Thursday morning. As a result, the need for the scheduled felony hearing was alleviated and court was adjourned. The suspect was escorted out of the courtroom by Erie County Sheriff's deputies without saying a word.

As the suspect exited, a victim's family member in attendance shouted, "Payton, you're a coward!" The suspect did not turn his head toward the speaker.

Buffalo City Court Judge Craig D. Hannah said the suspect would be held for further action by the grand jury. Gendron, a native of Conklin, N.Y., was making his first court appearance since his arraignment Saturday evening. He is accused of shooting 13 people, killing 10, in a racially motivated attack at a Tops Markets that sent shockwaves through Buffalo and prompted a Tuesday visit from President Joe Biden to console grieving families. 

Police have continued to investigate Gendron in the days since his arrest, trying to trace his steps in Buffalo and determine whether he received assistance from anyone. 

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Gendron spent the night in a parking lot outside a Cheektowaga store – probably sleeping in his car – before embarking on the Saturday rampage, a law enforcement official said on Thursday. 

Based on cell phone pings, the official said police believe he spent the night in a parking lot off Walden Avenue.

So far, authorities have found “no indication” that Gendron met or visited with anyone in the Buffalo area on the night before the shooting, the official told The Buffalo News.

“No indication that he met or spent time with Buffalo … but the investigation is continuing,” said the official, who is closely familiar with the ongoing murder probe.

Meanwhile, the levels of interest and tight security were the biggest takeaways from Thursday's court activity. Media members began to form a line outside county court at 7 a.m., 90 minutes before opening. With admission into the basement courtroom issued on a first-come, first-served basis, attendance was deemed at capacity at 8:30 a.m. In addition to the 30 or so media permitted in the courtroom, another 30 media members gathered in a roped-in overflow area near the elevator doors in the basement, with another 30 or so waiting outside the Franklin Street entrance.

National and local media outlets juggled whom they wanted inside the room for coverage – which in many cases meant choosing between a photographer, cameraman or reporter. At least four of five of these "trades" happened in the half hour preceding the hearing.

All media was alerted by the county District Attorney's office that victims' family members, about 11 of which attended, requested not to be photographed. It was unclear whether any of the suspect's family members appeared. Video and still photos were allowed in the courtroom – which is not always the case – but livestreaming was barred.

Security at County Court was tight and thorough, to say the least. Any visitor to the building had already needed to submit to a Covid-19 temperature check and pass through a metal detector, but an extra layer was required to enter the courtroom. Court police used a wand to check for metal on anyone entering, while a trained dog sniffed reporters' cell phones for suspicious substances.

Inside the courtroom, attorneys, family members and court officials sat in every other chair – another decision related to Covid-19 – while media sat in the back rows, with some cameras in the jury box to the right of the judge. Erie County Sheriff John Garcia walked in with more deputies than a typical court hearing. 

After initial discussions between attorneys and Hannah, seven Erie County Sheriff's deputies escorted the suspect into the courtroom. The 18-year-old wore a white facemask and orange jumpsuit with orange shoes, his hands shackled together in front of him at his waist. His labored walk indicated that his legs may have been restricted, too. He kept his head lowered for much of the proceedings.

The suspect was remanded without bail, and if he is convicted of the charge against him, the maximum sentence is life in prison without parole. He will return to court at 9:30 a.m. June 9, the judge said, in the same location as Thursday.

The Erie County District Attorney John J. Flynn issued a statement following the hearing: "As indicated by prosecutors in Court this morning, the Grand Jury has voted to indict the defendant. The Grand Jury investigation has not been completed. Our office cannot comment further until there is an indictment reported to the Court following a complete investigation by the Grand Jury."