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Tops shooter denied motion to move trial out of Buffalo

Payton Gendron in court in May 2022, wearing a mask and an orange jumpsuit, with an officer close behind
AP Photo/Matt Rourke
Payton Gendron is led into the courtroom for a hearing at Erie County Court, in Buffalo, N.Y., Thursday, May 19, 2022. (File)

The fate of the man who shot and killed 10 Black people at the Jefferson Avenue Tops in May 2022 will be determined in Buffalo.

A motion to move the federal death penalty trial for defendant Peyton Gendron to Rochester was denied yesterday by U.S. District Court Judge Lawrence Vilardo.

Attorneys for Gendron had sought the change of venue, arguing the court would be unable to seat a fair and impartial jury for a trial set in Buffalo. The ruling cites "pervasive news coverage in Buffalo" that "will make it difficult, if not impossible, to select a fair and impartial jury" as the attorneys' reasoning for the request.

However, Vilardo determined that was not grounds for moving the trial.

"Although the Court agrees with Gendron that holding the trial in Buffalo will likely result in a lengthier jury-selection process," Vilardo wrote, "that consideration is far outweighed by the victims' interests in being able to attend the trial."

Gendron has been sentenced to life in prison after pleading guilty to murder charges in state court.