DA: Defense withdraws request to evaluate accused gunman's competency

The move means a felony hearing in Buffalo City Court in the state case against Payton S. Gendron may proceed as scheduled Thursday morning. The hearing could not have been held unless the experts' examinations had been completed by then.

At the arraignment in Buffalo City Court on Saturday, defense attorney Brian Parker asked a judge to order a forensic examination of Gendron, accused of the hate-fueled killing of 10 people and wounding of three in a mass shooting at the Tops Markets on Jefferson Avenue.

Parker could not immediately be reached for comment early Monday afternoon.

Gendron has been charged with first-degree murder under state law. Federal authorities say they are investigating the incident "both as a hate crime and racially motivated violent extremism."

Thursday's scheduled hearing still may not, in fact, take place. The defense has the right to waive the hearing.

Gendron, of Broome County, posted online a 180-page diatribe detailing why he perpetrated the attack and how he came to believe a racist conspiracy theory.

Gendron is white and 11 of the 13 people who were shot Saturday were Black.