Buffalo, N.Y. (WBEN) A federal judge ruled Tuesday that the death penalty trial for the Tops supermarket mass shooter will take place in Buffalo.
Attorneys for Payton Gendron had sought to move the trial out of the city, arguing in a court filing that it would be difficult to seat a diverse and impartial jury. Defense attorneys requested the trial be moved to Rochester.
U.S. District Judge Lawrence Vilardo ruled that while jury selection may take longer, the case should remain in Buffalo, balancing the interests of victims with the defendant’s right to a fair trial.
Gendron is serving a sentence of life in prison without the possibility of parole after pleading guilty to multiple state charges, including murder. Ten people died when Gendron opened fire at the Tops on Jefferson Avenue on May 14, 2022.
Jury selection is expected to begin in August, with the trial scheduled to start in September.