Buffalo Shooter Challenges Federal Trial, Claims Jury Was Too White

Lawyers for Payton Gendron, the gunman who carried out a racially motivated mass shooting at a Buffalo supermarket in 2022, are seeking to have his federal charges dismissed on grounds that the jury pool was not sufficiently diverse.

On August 14, Gendron’s defense team argued that Black, Latino, and male jurors were “systemically and significantly underrepresented” in the selection process. They claim the lack of minority representation violated his constitutional rights.

U.S. District Judge Lawrence Vilardo, who is presiding over the federal case, expressed skepticism, describing the defense’s argument as “a little incongruous,” given that Gendron is accused of carrying out a racially motivated attack.

Gendron, now 21, is already serving eight consecutive life sentences without parole following his state conviction. The federal case, separate from the state proceedings, carries the possibility of the death penalty. His federal trial is scheduled to begin in June 2026.

Attorney John Elmore, who represents victims’ families, said the defense strategy appears aimed at keeping Gendron alive, but he acknowledged that jury diversity remains a longstanding problem within the U.S. justice system.

“It is very ironic that attention to this problem is being brought out in this case, where Payton Gendron committed a racially motivated homicide,” Elmore told reporters. “But this has been a persistent problem in our courts that needs to be addressed.”

Assistant U.S. Attorney Caitlin Higgins dismissed the defense’s claims as, at best, a “technical violation” that does not warrant throwing out the indictment.

This is not the first time Gendron’s lawyers have challenged the jury process. In April, they requested to move the trial from Buffalo to New York City, arguing that a racially diverse jury there would ensure impartiality. They also sought to remove the death penalty as a sentencing option — a request Judge Vilardo denied.

In their filings, the defense contended that “pretrial publicity” and Buffalo’s racial dynamics made it impossible to seat a fair jury in the Western District of New York. They argued New York City would provide a more representative pool, “far enough from the local media market to be less impacted” while also ensuring greater minority participation.

Victims’ families strongly oppose moving the trial. Wayne Jones, whose 65-year-old mother Celestine Chaney was killed in the shooting, told ABC News that relocating the case would deny families direct access to proceedings.

“What could you really call a fair trial when you’re on video doing it?” Jones asked, referencing the livestream footage of the attack that Gendron broadcast. “We all know you did it. You already pleaded guilty once. I want him to stay here so I can see the trial. In New York City, we wouldn’t be able to go.”