Attorneys for Payton Gendron, the gunman who killed 10 Black people in a 2022 mass shooting at a Buffalo supermarket, argue that federal charges should be dismissed because the grand jury that indicted him lacked adequate minority representation.
A federal judge will hear arguments Thursday on the defense’s claim that the grand jury selection process was flawed.
Gendron, who is white, attacked a Tops supermarket in a predominantly Black neighborhood, killing victims ranging in age from 32 to 86 and wounding three others. He has already pleaded guilty to multiple state charges, including murder, and is serving life in prison without parole. He still faces a federal trial on hate crime and weapons charges, where prosecutors may seek the death penalty.
Defense Argument
In court filings, Gendron’s lawyers said Black and Hispanic residents, as well as men, were “systemically and significantly underrepresented” in the jury pool.
“The grand jury that indicted Payton Gendron was drawn from a pool from which approximately one third of the Black persons expected and one third of the Hispanic/Latino persons expected,” the defense wrote.
They also claimed the vendor compiling juror lists failed to preserve its data sources, undermining transparency. As a result, they argue, Gendron’s constitutional right to a jury representing a fair cross-section of the community was violated.
Prosecutors’ Response
Prosecutors rejected the motion, saying the arguments “fail both as a matter of law and fact.” In a written filing, the U.S. Attorney’s Office said Gendron had not shown systematic exclusion and that any racial disparities in the jury pool fell within accepted guidelines.
The office emphasized that jurors are drawn from voter, driver, tax, disability, and unemployment records, not through biased methods.
“The defendant is charged with killing 10 Black people and injuring three others as part of a racially motivated attack,” prosecutors wrote. “He now demands dismissal because he claims the jury plan led to underrepresentation of minority groups — including Black persons.”
What’s Next
U.S. District Judge Lawrence Vilardo is set to hear oral arguments Thursday afternoon.
Separately, Gendron’s attorneys have also filed a motion seeking to bar the death penalty, citing his age — 18 at the time of the shooting — and ongoing brain development. That motion remains pending.
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