Payton Gendron, the white supremacist who fatally shot 10 Black people in a racially motivated mass shooting at a Buffalo Topps supermarket in 2022, is now trying to move his federal death penalty trial out of Western New York.
In a newly filed court motion, Gendron’s attorneys argue that “overwhelming pretrial publicity” and the deep emotional toll the attack had on Buffalo’s segregated communities of color would make it impossible for him to receive a fair and impartial trial in the region where the massacre occurred.
The legal team is asking that the case be transferred to the Southern District of New York, which includes Manhattan and the Bronx. They argue that a more diverse and less directly impacted jury pool could be found there, reducing the risk of bias during jury selection.
Gendron, who was 18 at the time of the attack, pleaded guilty in November 2022 to state charges, including domestic terrorism motivated by hate and 10 counts of first-degree murder. He is currently serving a life sentence without the possibility of parole. His federal trial—which could carry the death penalty—is scheduled to begin in September.
In a separate filing, Gendron’s attorneys are also asking the court to remove the death penalty as a possible punishment, alleging that the decision to seek capital punishment was made with “discriminatory intent and effect.” A ruling on that request is still pending.
The 2022 mass shooting at the East Buffalo supermarket sent shockwaves across the country, with victims ranging from store employees to elderly shoppers. The gunman live-streamed the shooting and published a racist manifesto, further fueling the national conversation around white supremacy and domestic terrorism.
At his state sentencing in 2023, Gendron sat silently as grieving family members of the victims gave powerful impact statements. He later offered an apology, but it was widely rejected by victims’ families as hollow and performative.
Federal prosecutors have not yet publicly responded to the motion requesting a change of venue, but are expected to file their response soon.
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