BUFFALO, N.Y. — One of the survivors of the mass shooting at the Tops store on May 14 has filed "pre-action disclosure" against the parents of the suspect accused in the shooting.
Zaire Goodman and his mother Zeneta Everhart, filed the petition as a precursor to a potential lawsuit against Paul and Pamela Gendron, the parents of Payton Gendron. Payton Gendron, 18, of Conklin, is accused of killing 10 Black people and injuring three others, including Goodman, in the mass shooting.
In the disclosure, Goodman and Everhart are requesting a judge issue an order that evidence be preserved that may have relevance in a potential lawsuit, as well as identify any other possible defendants in the case.
Among the items they are requesting to be be preserved are all electronic devices uses by Payton Gendron, including cellphones, laptop computers, video games, tablets and any tools that may have been used in modifying the weapon used in the attack. They're also requesting all internet-enabled devices kept at the home, including browser history and metadata be preserved.
In the notice, it states the Gendrons "failed to use reasonable care to restrain Payton Gendron from so viciously conducting himself as to intentionally harm others despite their knowledge of his propensity for not only racism but violence." and further states that "Paul Gendron and Pamela Gendron, as well as other unidentified defendants in supplying Payton Gendron with the implements of the attack or permitting him to possess them, and their failure to restrain or report Payton Gendron as a racist and murderous plot was launched from under their roof. Gendron with the implements of the attack or permitting him to possess them, and their failure to restrain or report Payton Gendron as a racist and murderous plot was launched from under their roof."
Terrence Connors, the attorney representing Goodman and Everhart issued this statement: “We promised the families that we would find the root cause of this racist and murderous plot. This is the first step.”
You can read the legal notice here: