(CNN) The suspect in a deadly shooting at a Kentucky grocery store was indicted on five counts Wednesday, including murder and attempted murder, according to an indictment.

Gregory Bush, a 51-year-old white man, is accused of fatally shooting two African-Americans inside the Kroger grocery store in Jeffersontown, and in the parking lot outside. CNN has reached out to a public defender for Bush and is waiting to hear back.

Authorities say the shootings appear to be racially motivated. But prosecutor Tom Wine said that because Kentucky's hate crime statute does not include homicides, Bush was not charged with a hate crime in the deaths.

Gregory Bush

"A hate crime designation only occurs when the judge makes such a determination at sentencing. If the judge finds a hate crime designation is appropriate, it doesn't add any additional time. The designation is only useful if the judge wishes to deny probation or the parole board wants to defer parole," Wine said in a statement.

Bush could potentially face federal hate crime charges. Federal investigators are looking into potential civil rights violations, including hate crimes, said Russell M. Coleman, the US attorney for the Western District of Kentucky.

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