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The Justice Department announced Friday that Adam Purinton, of Olathe, Kansas, was indicted by a federal grand jury.
The man allegedly killed and another wounded by Purinton on Feb. 22 at Austins Bar & Grill in Olathe, were Indian nationals. The victim was Srinivas Kuchibhotla and the injured man was his friend, Alok Madasani. A third man, Ian Grillot, was shot and wounded when he intervened.
The indictment alleges Purinton shot Kuchibhotla and Madasani because of their perceived race, color, religion and national origin.
The Justice Department said in a news release that it will decide later whether Purinton will face the death penalty.