Sources: Families of Tops shooting victims summoned to federal court for 'major announcement'

BUFFALO, N.Y. (WIVB) -- The families of victims from the Tops mass shooting have been summoned to federal court Friday morning in Buffalo by Department of Justice officials for a "major announcement," sources confirmed to WIVB News 4.

One of the biggest outstanding questions regarding the case for confessed murderer Payton Gendron, who killed 10 people and injured three others in a racist attack on May 14, 2022, is whether or not he will face the death penalty. A DOJ commitee reportedly reached a decision on whether or not to recommend the death penalty for Gendron in November, but that decision has been kept private.

While there is no death penalty in New York, it remains a possibility in Gendron's federal case. Lawyers representing the 20-year-old have repeatedly said that he is prepared to plead guilty to the 27 federal charges against him and avoid a federal trial, should the death penalty be taken off the table.

Gendron is already serving life in prison after he pleaded guilty to 15 state charges against him in 2022, including first-degree domestic act of terrorism motivated by hate, which is automatically punished by life in prison without parole.

The next scheduled appearance in the federal case is also slated for Friday, just after the "major announcement," for a status conference and oral arguments.