Attorneys for Tops shooter: Using Discord posts violates privacy

BUFFALO N.Y. (WIVB) – Oral arguments in the federal case against the May 14 racist mass shooter continued Monday. The defense team for Payton Gendron, the gunman in the shooting at Tops on Jefferson Avenue in May 2022, met prosecutors in federal court Monday in front of judge Lawrence Vilardo. 

Arguments were made on the use of certain evidence and whether or not the government is impeding the defendant’s 4th amendment right. 

The defense argued, using the defendant’s posts on the social media platform Discord violates his privacy, saying the information posted on that site is not public information. 

Prosecutors argued back, saying people can access the information.

The defense then argued whether search warrants for Gendron’s bedroom computer and guns not found at the scene, were valid. The defense added that the government searched and seized a large amount of information that “has nothing to do with the crime.”

Judge Vilardo asked the defense, “how can you know the computer in his bedroom was not connected to the crime scene if law enforcement does not search it?”

Prosecutors said a large amount of information needs to be collected to prove who was behind the keyboard. They also reference the defendant’s lengthy manifesto as being detailed enough to allow the government to search for more devices that were not at the scene of the crime, including the bedroom desktop and two thumb drives. Prosecutors also argued based on the defendant’s “extensive research” on ballistics and body armor, they had enough evidence to believe these devices were all connected and used in connection to the shooting.

Oral arguments will continue at 11 a.m. on Sept. 30.