U.S. Department
of Justice
Victim Notification - United States v. Payton Gendron
Case Description
On July 14, 2022, a Federal Grand Jury returned a 27-count Indictment charging Payton Gendron, 19, of Conklin, NY with 10 counts of hate crimes resulting in death, three counts of hate crimes involving an attempt to kill three injured individuals, and one hate crimes count alleging that Gendron attempted to kill additional Black people in and around the Tops grocery store. The indictment also charges Gendron with 13 counts of using, carrying or discharging a firearm in relation to the hate crimes, and seeks forfeiture of items, including the weapon used in the shooting. The indictment further includes special findings alleging, among other things, that Gendron committed the offense after substantial planning and premeditation to commit an act of terrorism.
The Indictment and previously filed Criminal Complaint allege that on May 14, 2022, at approximately 2:30 p.m., Gendron, a white male, committed a mass shooting attack targeting Black people at Tops Friendly Market at 1275 Jefferson Avenue in Buffalo, New York. The mass shooting, which Gendron live-streamed on the Internet, resulted in the deaths of 10 Black people, and injuries to one Black person and two Caucasian people. The Complaint further alleges that Gendron’s motive for the mass shooting was to prevent Black people from replacing white people and eliminating the white race, and to inspire others to commit similar attacks. The Criminal Complaint charged Gendron with 10 counts of committing a hate crime resulting in death; 3 counts of committing a hate crime involving an attempt to kill; 10 counts of using a firearm to commit murder during and in relation to a crime of violence; and 3 counts of using and discharging a firearm during and in relation to a crime of violence.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
PRESS RELEASE, JULY 14 2022
INDICTMENT, JULY 14 2022
PRESS RELEASE, JUNE 15 2022
CRIMINAL COMPLAINT, JUNE 15 2022
Case Information
Dates
| DATE | EVENT | LOCATION |
|---|---|---|
| June 15th 2022 | Complaint Filed | United States District Court |
| June 16th 2022, 10:30am | Initial Appearance | United States District Court 7th Floor |
| July 14, 2022 | Indictment Returned | United States District Court |
| July 18, 2022, 11:00 a.m. | Arraignment | United States District Court 7th Floor |
| December 9, 2022, 10:30 a.m. | Status Hearing | United States District Court |
| February 16, 2023, 11:00 a.m. | Status Hearing | United States District Court 7th Floor West, Cattaraugus Courtroom |
| March 1, 2023, 1:30 p.m. | Status Conference | United States District Court 8th Floor West, Niagara Courtroom |
| March 10, 2023, 10:30 a.m. | Status Hearing | United States District Court |
| June 15, 2023, 10:30 a.m. | Status Conference | United States Magistrate Court Cattaraugus Courtroom, 7th Floor West Judge J. Kenneth Schroeder Jr. |
| August 2, 2023, 11:30 a.m. | Status Conference | United States District Court Niagara Courtroom, 8th Floor West Judge Lawrence J. Vilardo |
| October 2, 2023, 9:30 a.m. | Oral Argument on Notice of Appeal of Magistrate Decision | United States District Court Niagara Courtroom, 8th Floor West Judge Lawrence J. Vilardo |
| November 28, 2023, 9:30 a.m. | Status Conference | United States District Court Niagara Courtroom, 8th Floor West Judge Lawrence J. Vilardo |
| January 12, 2024, 2:00 p.m. | Status Conference | United States District Court Niagara Courtroom, 8th Floor West Judge Lawrence J. Vilardo |
| February 2, 2024, 9:00 a.m. | Status Conference | United States District Court Niagara Courtroom, 8th Floor West Judge Lawrence J. Vilardo |
| September 8, 2025 | Start of Trial | United States District Court Niagara Courtroom, 8th Floor West Judge Lawrence J. Vilardo |
Custody Status
| DATE | STATUS |
|---|---|
| As of June | In the Custody of the United States Marshal Service |
Charges
| COUNT | DATE | CHARGE |
|---|---|---|
| 10 Counts | 6/15/2022 | Hate Crime Resulting in Death |
| 3 Counts | 6/15/2022 | Hate Crime Involving Bodily Injury and Attempt to Kill |
| 10 Counts | 6/15/2022 | Use of a firearm to Commit Murder During and in Relation to a Crime of Violence |
| 3 Counts | 6/15/2022 | Use and Discharge of a Firearm During and in Relation to a Crime of Violence |
Frequently Asked Questions
- If I have information about this case, who do I contact?
Please contact the FBI Field Office in Buffalo, New York at 716-843-1611. Special Agent Christopher Dlugokinski is the agent in charge of the case. - If I believe that I am a victim in this case, and have not been contacted or interviewed by law enforcement, who do I contact?
Please contact the FBI Field Office in Buffalo, New York at 716-843-1611. Special Agent Christopher Dlugokinski is the agent in charge of the case. - If I am a victim in this case, what is the best way to contact the U.S. Attorney’s Office?
Please use the email: USANYW.TopsVicAsst@usdoj.gov or call 716-843-5886. These are monitored on a daily basis and special attention will be given to returning your message. - If I am a victim in this case, what is the best way for me to receive notices of court events etc. pertaining to the Federal case?
The U.S. Attorney’s Office for the Western District of Buffalo will be responsible for ensuring that you are notified of all major case decisions and court events through the Victim Notification System. To ensure that you receive timely and accurate notices, please use the email USANYW.TopsVicAsst@usdoj.gov or call 716-843-5886 and provide your name, address, telephone number(s), and email. - If I am NOT a victim in this case, what is the best way to keep up with the case?
Please continue to monitor the U.S. Attorney’s Office, Western District of Buffalo Website at: www.justice.gov/usao-wdny - If it is determined that I am a victim in this case, will I have an opportunity to receive restitution?
If the defendant is found guilty and you are considered a victim in this case, there will be an opportunity for you to discuss the possibility of restitution with the U.S. Attorney’s Office. Please retain all financial records.
Resources for the Victims in Buffalo, New York
As compiled by the Office for Victims of Crime (OVC)
United States Department of Justice
Contact Us
Special Agent Christopher Dlugokinski
FBI Field Office-Buffalo
716-843-1611
Victim Witness Assistance Program
U.S. Attorney’s Office Western District of Buffalo
USANYW.TopsVicAsst@usdoj.gov
716-843-5886
833-609-1736