BUFFALO, N.Y. (WKBW) — The federal death penalty trial for Payton Gendron, the man who shot and killed 10 Black people at an east side supermarket in 2022, will not be moved to New York City.
A federal judge dismissed the defense's motion to move the trial to the Southern District of New York — New York City — but has not ruled out moving the trial to Rochester.
"The change of venue...it's a thing," said Zeneta Everhart. Her son, Zaire Everhart, was shot but survived the shooting. "Today, a win is a win. The trial remains here as it should."
Gendron, who planned and coordinated his attack at Tops on Jefferson Avenue in Buffalo, "has the right to a fair and impartial jury," Justice Lawrence Vilardo said.
WATCH: Federal death penalty trial for Buffalo mass shooting gunman will not move to New York City
Prosecutors argued moving the trial to Rochester would be an inconvenience for victims families and friends.
"I can't overstate the importance of having the trial in Buffalo," Assistant US Attorney Joseph M. Tripi argued.
He said if moved to Rochester, many families would have trouble getting there.
"Support systems are here in Buffalo, not Rochester," Tripi said. "It's not as simple as a bus ride down the Thruway."
Tripi said there could be upwards of 90 victims. We've learned the federal government will call almost 200 witnesses. Tripi said more than 130 witnesses are from Buffalo.
It's likely the trial will actually begin in October, while jury selection will begin in August. Judge Vilardo explained that there will be automatic disqualifications for jurors if they are:
- active service members of the armed forces
- full-time members of police and fire departments
- public officers of the United States or New York State
- not citizens of the United States
- unable to read, write, or understand English
- unable to speak English
- mental or physical infirmity with a doctors note
Other potential jurors could be excused if they are:
- 70 years old or older
- served on a jury in the last two years
- volunteer safety personnel
- services the operation of a business, where the business would have to close if they're on a jury
- full-time students
- summons returned as undeliverable
- deceased
The government and defense attorneys will be able to inspect and challenge disqualifications.
Defense attorneys for Gendron argue there is an issue with juror diversity if the trial were to be held in Buffalo.
"The difference here," one attorney argued, "is the thumb is on the scale to be all white."
Everhart was seen shaking her head, listening to the ironic argument from the defense.
Drantch: They were talking about diversity in the courtroom at one point and I saw you shaking your head. The idea this could be an all white jury?
Everhart: I mean, we deal with that every day. I serve on a committee to work on jury diversification across the Western District of New York and it's important. We want to see more people of color, but the reality is the population of Black people, people of color in this community, is... we're the minority. But court cases still have to go on.
For jury selection, the court is expected to send out 3,000 initial questionnaires. It's expected that about 1,200 people will then come in and answer more detailed questions.
"This certainly can be tried here," prosecutors said.
Judge Vilardo will make a decision about a change of venue to Rochester within the next few weeks.
Gendron is already serving a life sentence, convicted on hate crime charges, in New York State.
