Payton Gendron, the adolescent who killed 10 black people in the TopS supermarket in East Buffalo in 2022, states that he cannot obtain a right trial in the west of New York, so his eligible federal case of the death penalty of the death penalty should move to New York City, they said their lawyers in a new judicial presentation.
Gendron declared himself guilty in November 2022 of state positions, including domestic terrorism motivated by hatred, and is fulfilling life imprisonment without the possibility of probation. It faces the possibility of the death penalty if it is declared guilty of federal crimes.
His federal trial is scheduled to begin in September.
In this archive photo of February 15, 2023, Payton Gendron, center, listening while sentenced to life imprisonment without domestic terrorism motivated by hatred and each of the 10 position of murder in the first degree, in a room of the Erie County Court, in Buffalo, NY, NY
Derek Gee/AP, file
Gendron’s lawyers argued that “due to the overwhelming amount of advertising prior to the trial, combined with the impact of this case in the segregated communities of Buffalo, it is impossible for Payton Gendron to select a fair and impartial jury in the west district of New York.”
The lawyers asked for changes to the South District of New York, which covers Manhattan, the Bronx and the northern suburbs, because it is “far enough from the local media market as less affected by it” and because “the SDNY also has a sufficient minority representation that has not been directly impacted by the shooting and that is triggered after a diverse and representative jury should be selected.” “”
There were no immediate comments from federal prosecutors, who would be expected to present their opposition or consent in judicial documents.
Barbara Massey Mapps, whose 72 -year -old sister, Katherine “Kat” Massey, was among those killed in the massacre of May 14, 2022, told ABC News on Tuesday that she and her family would oppose a change of place.
“We don’t want that. No, no, no,” said Massey. “My family and I would be against that.”
Massey said he hopes that federal prosecutors oppose the motion of change of place on the next date in the court of Gendron at the end of this month.
Wayne Jones, whose mother, Celestine Chaney, 65, was also killed in the attack, said she also wants Gendron’s federal trial to remain in Buffalo.
“How could you really call a ‘fair proof’ and you are making it doing it?” Jones told ABC News, referring to the live video of the fuss that Gendron recorded. “We all know that you did. You already declared guilty once.”
Jones said that prosecutors reproduce for the federal jury selected for the trial that the Video Gendrons recorded with a helmet camera, as well as surveillance videos of the Topps market.
“The only way you could see that video and not give it the death penalty is whether you are really against,” said Jones, who has seen the video Gendron live.
Jones also said that a change of place would deprive him the families of the other victims of the opportunity to see the trial in person.
“I want him to stay here to see the trial,” Jones told ABC News. “In New York City, we couldn’t go to trial.”
Gendron has asked the judge separately to consider the death penalty as a possible punishment, arguing that the decision to seek him had a “discriminatory effect and a discriminatory effect.”
The judge still does not have to govern.
During his February 2023 ruling hearing, Gendron, who was 18 when he committed the mass shooting, apologized to the families of the victims, saying that he regretted “stealing the life of their loved ones.”
“I did something terrible that day. I shot people because they were black,” Gendron said.
Gendron planned the massacre for months, including previously traveling twice to the TOPS store he pointed out, more than three hours by car from his house in Conklin, New York, to explore the design and count the number of black people present, according to state prosecutors. Using tactical equipment, body armor and wielding an AR-15 style rifle that legally bought and illegally modified, Gendron committed the uproar on a Saturday afternoon when the prosecutors said that he knew that the store would be full of black buyers.
