BUFFALO, N.Y. (WKBW) — The defense team for the Buffalo mass shooting gunman continues to argue his federal trial should be moved from Western New York to New York City in a new, temporarily sealed court document.
Attorneys claim Payton Gendron, who shot and killed 10 Black people at Tops on Jefferson Avenue in May 2022, wouldn't get a fair trial in Western New York. He is already serving life in prison after being convicted of the charges he faced on the state level.
While the new supplemental motion is sealed, Gendron's team's previous argument for the change in venue claims that "the extraordinary number of community organizations that arose to assist the victims and the neighborhood in the wake of the shootings is laudable, but it also renders a potentially wide group of potential jurors unlikely to be able to serve."
The documents name more than 80 partners that supported the families after the shooting, including the Bills and Sabres foundations.
WATCH: Defense team for Buffalo mass shooting gunman continues to argue to move death penalty trial to NYC
DeWitt Lee, owner of St. Brian Clothiers, who helped provide suits to the families of the victims, said the defense motion faces challenges.
"There's no one in America that isn't familiar with what took place here, so to find a community that hasn't mourned with us is going to be very hard to find," Lee said.
Lee also noted the widespread impact of the tragedy.
"It's an international story; people from all over mourned with us, people from all over especially from the state traveled to grieve and support us during this difficult time," Lee said.
Local attorney Kristen Elmore said the defense motion is a formality that could help prevent future appeals that could take years.
"This is a constitutionally protected part of the legal process, and it's very important that this part of this case properly play out," Elmore said.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
