Buffalo, N.Y. (WBEN) A federal judge has set August 17, 2026 as the start of
in-person jury selection in the death penalty trial of the Tops mass shooter.
"The judge made a very wise, thought out decision to give the defense an opportunity to be adequately prepared and I think that most people are going to be relieved that there is a date, that is going to be final, that's not going to be moved. And that there will not be any more adjournments or delays," said
attorney John Elmore, who represents families of victims of the Tops mass shooting.
Judge Lawrence Vilardo said he took the families into account when selecting the date, which is later than prosecutors wanted, and earlier than the defense requested.
Elmore said unless there is something totally unforeseen, he does not think the date will be moved.
"There will be a lot of motions and hearings between now and then, but I feel confident that jury selection is going to go forward," he said.
Families of the victims were notified of the trial date by a social worker who is in constant communication with all of the families. Elmore said they are notified about every step in the case.
Payton Gendron is already serving life in prison for his guilty pleas to state charges of first degree murder for the deaths of 10 people at Tops Market in May of 2022.