BUFFALO, N.Y. (WIVB) — Payton Gendron, the shooter in the racist Tops mass shooting last May, is expected to apologize for his actions at his sentencing on Wednesday, sources told News 4.

Gendron killed 10 people and injured three more at the Tops on Jefferson Avenue on May 14, 2022. He will be sentenced in the state case against him on Wednesday, which is expected to be life in prison without the possibility of parole.

As The Buffalo News first reported, the expected apology to the victims’ families would be the first time the gunman has shown remorse since the shooting.

However, Mark Talley, whose mother Geraldine Talley was killed in the shooting, says that an apology would be insincere and an attempt to avoid the death penalty in the federal case against him. Talley said that he does not plan on attending Wednesday’s hearing.

“It’s very normal that the defendant if there is a crime victim, will make an apology to the victim for what happened. It’s part of acceptance of responsibility. I don’t know if that is going to happen in this case. But, if it does happen. It is not going to be unusual,” said John Elmore, an attorney who represents three of the victims’ families. “But, no apology can really take away the pain that the victims’ families are feeling.”

Elmore said that several family members are expected to speak at the sentencing hearing on Wednesday.

In November, Gendron pleaded guilty to several state charges, including domestic act of terrorism motivated by hate and 10 counts of first-degree murder. Gendron is scheduled to appear in federal court on Thursday for a status conference. If convicted of the federal charges, which include 10 counts of hate crimes resulting in death, Gendron could be sentenced to death.