Buffalo, N.Y. (WBEN) - Two new lawsuits filed recently are taking aim at social media companies, a magazine lock manufacturer, a gun store, a body armor company and the parents of white supremacist, Tops Market mass murderer Payton Gendron for their alleged roles in aiding the gunman carry out his heinous acts of May 14, 2022 on Jefferson Avenue.
Everytown Law, Bonner and Bonner and Ryder Law represent the family of Celestine Chaney, who was murdered during the May 14 shooting, as well as well as representing over a dozen of the employees and customers who continue to attempt to manage and cope with the life-altering effects of the severe trauma they endured.
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"These two lawsuits are to answer this horrific injustice by shining a spotlight on this American disease of racism and gun violence that has metastasized every community in America and we must stop it," said Charles Bonner, Principal of Bonner & Bonner Law. "The gun industry, the internet, all of those who participated directly and indirectly in contributing to this unrestored loss, injury and harm must be held accountable. The purpose of these lawsuits is not only to help these victims, but also to stop this unprovoked racist murder that has continued to occur in all of our communities, lawsuits a critical path in protecting all Americans from mass shootings and gun violence."
Fragrance Harris Stanfield, a lead worker at the supermarket that day, shares the guilt and trauma she has to endure every day, even mentioning that she now has to rely on her children more to help her with everyday tasks.
"They don't think it's as bad as you say it is. You're being dramatic, histrionic even. You know, you survived, you should be happy you're still alive. Do you know how hard it is to be alive? When you're not sure that you should be? I don't think people know how hard that is, you know, I didn't have to be shot to wonder why I'm still standing in front of you today. And I shouldn't have had to die for my family to get some assistance. I shouldn't have to beg and I shouldn't have to plead and I shouldn't have to constantly explain why I need help, but that's what my life is like since the shooting."
The two lawsuits are only differentiated by the plaintiffs, the family of Celestine Cheney on one lawsuit and the survivors of the attack on the other.
Eric Tirschwell, Executive Director of Everytown Law names the defendants of the lawsuit.
"First, Mean LLC, the manufacturer of the gun lock that helped the shooter circumvent New York's ban on assault weapons. Second, RMA Armament, the company that manufactured and sold the shooter combat grade body armor. Third, Vintage Firearms, the gun store that sold the shooter the illegal assault weapon. Fourth, YouTube and Reddit, which addicted and radicalized the shooter and helped him learn how to carry out his racist massacre. And fifth, the shooters parents, Paul and Pamela Gendron, who knew more than enough about their son's violent tendencies and access to a firearm but failed to intervene."
Tirschwell also outlines the allegations of each defendant.
Mean LLC, RMA Armament, Vintage Firearms
"In early 2022, the 18-year-old shooter walked into Vintage Firearms, a New York-based gun store about three hours from where we are today. After a series of visits, he was sold a Bushmaster AR-15 military style rifle. The gun was equipped with an easy to remove magazine lock, manufactured by defendant, Mean Arms, a Georgia-based company. As we allege, Mean Arms falsely marketed the lock as a way to comply with New York's ban on assault weapons. In reality, the lock provided a way for the shooter to easily circumvent that ban. After purchasing the AR-15, the shooter removed the lock in minutes using a simple tool you can buy on Amazon for a few dollars. With the lock removed, he was in possession of his weapon of choice, a fully functioning but illegal assault weapon. As we allege in our lawsuits, Mean Arms and Vintage Firearms knew that having the lock affixed to the gun provided nothing more than a fake veneer of compliance with New York law. The shooter also purchased combat style body armor from RMA Armament, an Iowa-based company which marketed this armor to the shooter on social media and sold it to him with no questions asked. Wearing that body armor, the shooter was emboldened and it allowed him to withstand the heroic but unavailing defensive fire from the store's security guard, Aaron Salter," Tirschwell explained.
Social Media
"Our lawsuits also focus on the critical role played by reckless irresponsible social media companies. We allege that in the months and years leading up to the attack, the design features and recommendation algorithms on YouTube and Reddit, addicted the shooter to social media, amplified racist content and radicalized the shooter to carry out his massacre specifically and intentionally against the black community of Buffalo's east side. We also allege that YouTube and Reddit help the shooter acquire information about how to equip himself for and carry out this mass shooting," said Tirschwell.
Parents of the murderer
"Paul and Pamela Gendron, they knew that their son had threatened to commit a murder suicide less than a year before the massacre at tops and they knew that he had demonstrated a propensity for extreme violence. Their failure to take meaningful action to supervise or prevent him from accessing firearms was a missed opportunity to prevent this tragedy from ever occurring."
Calls, emails and a text seeking comment were sent by the AP to the defendants or their attorneys.
A spokesperson for YouTube said they had the “deepest sympathies” for the victims and survivors.
"Through the years, YouTube has invested in technology, teams, and policies to identify and remove extremist content. We regularly work with law enforcement, other platforms, and civil society to share intelligence and best practices,” spokesperson José Castañeda said in an email.
The operator of Vintage Firearms texted that he had no comment.
Going forward
"We measure lawsuits like this in years, not months. The defendants need to be served. And there'll be some initial back and forth in court. Our goal is to get as quickly as possible to the discovery phase. That's where we get to look at their corporate documents, question witnesses, employees of some of these companies, and we would hope to get to that as quickly as possible. But, these are complicated lawsuits, lots of defendants, lots of claims, and that takes some time to work itself through the court system for sure," noted Tirschwell.
Tirschwell adds, "This will be the third and fourth private lawsuit filed on behalf of survivors and victims of the Tops shooting. All of the lawyers from all of the cases have been speaking and we are certainly planning to work closely together as the cases move forward, presumably, in front of one judge, we'll see how that works out. So there is a lot of cooperation and overlap there."
Payton Gendron was 18-years-old when he opened fire at the Tops Friendly Market in Buffalo on May 14, 2022, killing 10 Black people and wounding three other people. He had driven 200 miles from his home in Conklin, New York, after conducting online research to choose a target.
Gendron is serving a prison sentence of life without parole after pleading guilty to crimes including murder and domestic terrorism motivated by hate. A federal criminal hate crimes case is still pending, as U.S. Justice Department officials consider whether to seek the death penalty if Gendron is convicted.