Payton S. Gendron has been charged by an Erie County grand jury with first-degree domestic act of terrorism motivated by hate, according to court records.

Fourteen of the charges are hate crimes.

He faces 10 counts of first-degree murder, 10 counts of second-degree murder as a hate crime, three counts of attempted second-degree murder as a hate crime, as well as a second-degree criminal possession of a weapon charge.

Gendron is scheduled to appear in court Thursday afternoon before County Judge Susan Eagan to be arraigned on the charges.

A person convicted of the charge of first-degree domestic terrorism motivated by hate faces an automatic sentence of life in prison without parole.

Gendron, 18, was taken into custody at the Jefferson Avenue supermarket May 14 moments after 13 people were shot inside and outside the store. In writings posted online before the mass killing, Gendron described his desire to kill Black people.

He has been in custody since his arrest on a first-degree murder charge filed in Buffalo City Court. That charge covered the 10 killings.

Gendron, of Broome County, may also face federal charges.

At a felony hearing May 19, prosecutors said Gendron had been indicted, but no details about charges were released at the time.

Last week, Gendron's defense attorneys sought a gag order in the case from City Court Chief Judge Craig D. Hannah.

A resolution has been reached between defense attorneys and the District Attorney's Office in the matter "in an effort not to impact the fairness and integrity of the proceeding," said Kait Munro, spokeswoman for the office.

The order, issued Friday, allows District Attorney John J. Flynn and his assistant prosecutors to make public comments and take questions after Gendron is arraigned on an indictment in superior court, Munro said.

The domestic terrorism charge Gendron faces was enacted in April 2020 as part of the state budget and went into effect in November of that year. It was part of what was known as the Josef Neumann Hate Crimes Domestic Terrorism Act.

Neumann, a rabbi, was one of five men victimized in an anti-Semitic attack by a man with a machete during Hanukkah in Rockland County in December 2019. He died a few months later.

The same law called for the creation of a domestic terrorism task force aimed at preventing mass shootings. As of late last month, it had yet to hold its first meeting.