Buffalo, NY (WBEN) A federal appeals court has overturned a lower court ruling in the Tops shooting case.
That decision means three disputed aggravating factors will be part of the federal death penalty case moving forward.
Those factors are the impact on surviving victims, the shooter's alleged attempt to inspire additional acts of violence and his racist motive. The appeals court found that the harm suffered by surviving victims is relevant to the circumstances of the crime and may be considered during a capital sentencing proceeding.
The ruling allows prosecutors to present those factors if the case goes to the penalty phase, not whether the shooter will get the death penalty if convicted.
Opening statements begin on Thursday.
Factors will be discussed if death penalty trial reaches penalty phase
Factors will be discussed if death penalty trial reaches penalty phase
