Lawyers filed a “landmark” lawsuit on Wednesday, alleging that a firearm manufacturing company and social media companies helped teenage killers by supplying them with body armor and firearms. The lawsuit describes the mass shooting in Buffalo, New York in 2022 as racially motivated, resulting in the loss of loved ones for those who were murdered.
The defendants, Gendron, sold his armor body company, Armament RMA, online and used the XM-15 Bushmaster semi-automatic rifle, which was legally purchased, in a mass shooting rampage. The defendants were also named as the parent company of YouTube, Google, Reddit, Instagram, Amazon, Facebook, and Meta, including several big tech companies, in a lawsuit filed in the Supreme Court of New York state in Buffalo.
The family of 86-year-old Ruth Whitfield, the oldest victim of the 2022 racially motivated shooting at a Tops supermarket in Buffalo, New York, speak at a news conference on July 12, 2023, announcing a lawsuit alleging social media companies and firearm and body armor companies played a role in the massacre.
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The individuals identified as defendants were also Gendron’s biological parents, Paul and Pamela Gendron, along with Twitch, Discord, and 4Chan, which are platforms and websites.
The lawsuit claims that the defendant, Gendron Payton, was led to commit this atrocious assault by his exposure to addictive social media platforms, which not only facilitated his purchase of body armor and weapons but also encouraged his radicalization. Furthermore, this occurred years after his initial exposure.
The lawsuit is requesting unspecified monetary damages and a court-ordered injunction that would compel social media platforms mentioned in the legal action to “address the unreasonably hazardous aspects” by including sufficient warnings for minor users and parents regarding the addictive nature and significant risks posed to unsuspecting minors by their social media products.
During a news conference on Wednesday, attorney Ben Crump, who represents the families of the 10 murdered individuals, stated that the lawsuit is another step in the pursuit of justice. The supermarket Tops, located on the east side of Buffalo, is where the tragic incident took place on May 14, 2022. Crump is a civil rights lawyer affiliated with the National Civil Rights Attorney organization.
Crump stated, “They were the plotters. Our goal is to ensure that every person who loaded that firearm is held responsible. Although Payton Gendron discharged the weapon that caused the death of their loved ones and caused severe injuries to others, there were numerous individuals who assisted him in loading the firearm.”
The lawsuit was filed on behalf of the families of the fatal shooting victims, including Jr., 21-year-old Braden Christopher, and Goodman Zaire, 56, who were workers at Tops. The plaintiffs in the lawsuit also include other wounded individuals, such as 86-year-old Ruth Whitfield, 77-year-old Pearl Patterson Heyward, and 65-year-old Talley Geraldine Young. Additionally, the lawsuit represents the families of Roberta Drury Jr., 52, and Aaron Salter, who were killed in the shooting.
In May, a similar lawsuit was filed, naming many of the same companies as defendants, on behalf of the families of Andre Mackneil, aged 53, and Katherine Patterson, nicknamed “Kat”, aged 72.
Kim Salter, the widow of Aaron Salter, a retired Buffalo police officer and Tops security guard who died confronting Gendron during the massacre, said that the other families who lost loved ones are still grieving.
Anthony Marshall remembers Aaron Salter Jr., a retired Buffalo policeman and security guard at Tops Friendly Market on Jefferson Avenue, July 14, 2022, in Buffalo, N.Y. The store was the scene of a mass shooting on May 14th that killed 10 people and injured three others in what is believed to be a racially-motivated attack.
John Normile/Getty Images, FILE
Kim Salter, the primary plaintiff in the recent lawsuit, expressed during the press conference held on Wednesday, “We confront this reality on a daily basis, at every single moment of the day. I pay tribute to my spouse, I pay tribute to him. And for numerous individuals, not solely his relatives, but due to his selfless act of sacrificing his life, I remain here, enduring the sorrow of losing my husband.”
Last October, New York Attorney General Letitia James released a report alleging that James Gendron was radicalizing and encouraging copycat attacks by using the Twitch website, which he owned. The report also stated that Gendron was livestreaming the deadly mass shooting in Buffalo, allowing him to publicize and promote violent and racist content on multiple online platforms.
He was sentenced to life in prison without the possibility of parole. He also pleaded guilty to a crime, being charged with domestic terrorism motivated by hate, making him the first person in the state’s history to be charged with this. He also pleaded guilty to murder and attempted murder, resulting in him being found guilty on 15 charges in November: Output.
During the sentencing hearing, Gendron, who is now 19, expressed, “I placed trust in the information I encountered on the internet and responded with animosity. I offer my apologies to the families of the victims and assert that I was influenced by online racist indoctrination.”
Gendron is still facing federal charges for crimes rooted in hate, which resulted in the shooting. Federal prosecutors have not yet decided whether to pursue the death penalty.
Buffalo police at the scene at Tops Friendly Market on May 14, 2022 in Buffalo, N.Y., after a mass shooting.
John Normile/Getty Images, FILE
In the latest lawsuit, attorney Amy Keller, who is representing the families, strongly criticized the companies involved in the legal action, stating that they prioritized profits over people. Our complaint provides detailed evidence of how social media companies were aware of the issue but neglected to address it.
In May, when the previous lawsuit filed by the families of the victims was mentioned, a statement was made by a Google spokesperson, as referred to by ABC News.
Payton Gendron is led into the courtroom for a hearing at Erie County Court, in Buffalo, N.Y., May 19, 2022.
Matt Rourke/AP, FILE
Google’s statement expresses their deepest sympathies for the families and victims of the horrific attack that took place in the Tops grocery store in Buffalo last year. They emphasize their commitment to working closely with law enforcement and other civil society platforms to share best practices and intelligence. In addition, YouTube has invested in technology and teams to identify and remove extremist content over the years, as stated by Google.
The other companies mentioned in the lawsuit did not reply to ABC News’ requests for comments.
The allegations are without justification and RMA Armament informed ABC News in May, during its involvement in the prior legal case, that it was taken aback by its inclusion in the lawsuit.
We are surprised to be named in this lawsuit and believe that the claim lacks merit, said Blake Waldrop, President of RMA. Armament RMA’s products are intended for the protection of law-abiding citizens, private police departments, and government partners. We understand that this has been a painful and difficult year for the Buffalo community and its families.
Meta stated that they will persist in seeking advice from experts in order to guide their strategy and will subsequently identify and eliminate content accordingly. Previously, Meta declared that they are continuously enhancing their enforcement measures by pinpointing additional militarized social movements and novel terms linked to QAnon. As of August 15, 2022, Meta has identified over 1,151 “militarized social movements,” largely affiliated with the far-right conspiracy group QAnon, resulting in the removal of approximately 4,200 pages, 20,800 groups, 200 events, 59,800 Facebook profiles, and 8,900 Instagram accounts.
In the investigation, the law enforcement will assist us in doing everything we can, and we extend our deepest sympathies to the families and victims. We also released a statement on Discord, addressing the immediate aftermath of the shooting.