BUFFALO, N.Y. -- Roughly a month ago, attorneys filed a broad lawsuit placing blame on a number of defendants, including social media platforms, for the May 14, 2022 murder of 10 Black people at a Buffalo Tops Supermarket.
Attorney John Elmore said they chose to move forward even as legislation expanding parts of New York's wrongful death statute remained before the state Legislature.
"We felt that we represented people who were hurting, people who wanted justice and we didn't want to delay it," Elmore said.
This week, the Legislature passed the bill and will send it to the governor's office for the second consecutive session. Hochul vetoed the previous version citing potential unintended consequences on the economy and health care systems.
"I was very hopeful that she would sign the previous one so all I can say is it was passed overwhelmingly by the Senate, it was passed overwhelmingly by the Assembly, by both parties, Republican and Democrats who represent the will of the people and we hope that the governor will sign it," Elmore said.
Attorney Terry Connors, who also represents some of the Tops families, has not yet filed a lawsuit but hopes to some time within the next 30 days. He said his firm has been watching the bill closely.
"We've had a chance to speak to the sponsors, to stay in contact with them. They believe that they have addressed the objections that the governor had raised with respect to the last bill that was introduced so I think everyone is optimistic," he said.
Both Elmore and Connors said lawsuits filed before the governor signs the legislation can be amended if and when she does.
"We're hopeful that it would go quickly but it's not essential because the bill does contain a lookback provision," Connors said. "It's not totally retroactive but the new bill goes retroactive to 2018."
The revised bill among other things cuts back on the length of the lookback window, the expansion of statute of limitations, and who can file for damages. New York would join 48 other states in allowing for emotional damages.
Elmore said the current law is discriminatory against the elderly and young, like the son of Andre Mackneil who turned three last year the same day his father was killed at Tops.
"This May 14 he was so sad and was crying to his mother about his father being in heaven and how bad he missed him. That testimony and that emotional experience that that child is having is nothing that a jury would hear in awarding emotional damages," he said.
Elmore says he and the attorneys he's working with have granted defendants a 30-day extension to respond to their suit. Connors said as they wait to file their suit, they are still looking for a federal ruling about whether prosecutors can share evidence and are also studying Elmore's action and the New York attorney general's.