The white gunman who killed 10 Black people in a racist attack at a supermarket in Buffalo, New York, is now asking a court to move his upcoming federal trial to another city.
Payton Gendron carried out the deadly attack in May 2022 at a Tops supermarket in Buffalo. The shooting shocked the city and drew worldwide attention.
The gunman has already admitted guilt in a state court case and is serving life in prison without the chance of parole. But he still faces federal charges that could lead to the death penalty. His federal trial is expected to begin in September.
In a new legal filing, his lawyers argue that the trial should not take place in Buffalo or the surrounding region. They say the crime received heavy news coverage and deeply affected local communities, which they believe will make it difficult to find jurors who have not formed opinions about the case.
According to the filing, it is “impossible” to select an unbiased jury “due to the overwhelming amount of pretrial publicity, combined with the impact of this case on Buffalo’s segregated communities of color.”
The defense team wants the trial moved to the Southern District of New York, which includes New York City and nearby areas. They argue that a larger population there may help create a more balanced jury pool.
Federal prosecutors have not yet said whether they support or oppose the request.
However, several families of the victims say they do not want the case moved away from Buffalo. Many say holding the trial in another city would make it harder for them to attend court and follow the proceedings.
One relative of a victim, Barbara Massey Mapps, said simply, “We don’t want that.”
Another family member, Wayne Jones, also spoke against the idea. “I want him to stay here so I can see the trial,” he said.
Jones added that the video the gunman streamed online during the attack already shows what happened and believes the death penalty should still be considered.
At the same time, the suspect’s lawyers are asking the judge to remove the death penalty as a possible punishment. They argue that seeking capital punishment in the case is unfair and discriminatory. The judge has not yet made a decision on that request.
During his sentencing in state court in 2023, the gunman spoke directly to families of the victims and said, “I did a terrible thing that day. I shot people because they were Black.”
Prosecutors say the attack was carefully planned. They say the gunman drove more than three hours to Buffalo after studying the area. Investigators believe he chose the supermarket because it was located in a neighborhood with many Black residents.
Authorities say he arrived wearing body armor and carried a modified AR-15 style rifle when he opened fire inside the store.