
Buffalo, NY (WBEN) The suspect in the Tops shooting faces federal hate crime charges after a grand jury handed up a 27 count indictment. If convicted, the suspected shooter is eligible for the death penalty.
The indictment says the suspect opened fire with a Bushmaster XM rifle and shot multiple individuals in and around the Tops grocery store on Jefferson Avenue, which resulted in the deaths of 10 Black people, as well as injury to three others. The indictment charges the suspect violated the Shepard-Byrd Act by willfully causing the death of the victims because of their race and color.
The indictment also charges the suspect 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 also says the suspect did this after substantial planning and premeditation to commit an act of terrorism.

"Today, a grand jury has indicted (the suspect) with hate crime and firearms offenses following the horrific attack on the Black community of Buffalo that killed 10 people and injured three others on May 14, 2022,” said Attorney General Merrick B. Garland. “The Justice Department fully recognizes the threat that white supremacist violence poses to the safety of the American people and American democracy. We will continue to be relentless in our efforts to combat hate crimes, to support the communities terrorized by them, and to hold accountable those who perpetrate them.”
The indictment was handed up the day before the Tops on Jefferson is to reopen to the public. Reporters and officials got a first glance Thursday, 2 months to the day of the attack.