BUFFALO, N.Y. (WIVB) — Lawyers representing the shooter in the racist mass shooting at the Tops on Jefferson Avenue in 2022 are suing the Erie County District Attorney's Office, alleging that the office withheld records pertaining to the shooter's state prosecution.

The suit, filed in Erie County State Supreme Court earlier this week, claims that the DA's Office illegally denied a public records request for documents from the state's prosecution of Payton Gendron, who killed 10 people in a racially-motivated shooting at the grocery store on May 14, 2022. First Deputy District Attorney Gary Hackbush is named in the petition.

The suit claims that public defenders representing Gendron in his ongoing federal case filed a Freedom of Information Law request in February for documents pertaining

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