Attorneys representing Tops mass shooter file motion to dismiss federal indictment

BUFFALO, N.Y. (WIVB) -- The attorneys representing the Tops mass shooter have filed a motion to dismiss his federal indictment, claiming it was obtained in violation of the Fifth and Sixth Amendments, and in violation of the Jury Selection and Service Act.

The motion claims there was systemic underrepresentation in the grand jury that indicted Payton Gendron. It also alleges the jury was “drawn from a pool from which approximately one third of the Black persons expected and one third of the Hispanic/Latino persons expected were
missing.”

In addition, the attorneys claim the records compiled for what is called the “master jury wheel” were not kept, despite the Jury Selection and Service Act requiring it.

Legal analyst and former Erie County District Attorney John Flynn said it’s unlikely a judge will rule to throw out the indictment in this case.

“It’s a huge Hail Mary,” Flynn said. “Again, the chances are nil that this is going to be thrown out based upon this right here. Again, there’s a possibility obviously with everything, but the chances are very slim. Some of the accusations are a little concerning if I was the prosecution here.”

Judge Lawrence Vilardo issued an order moving the trial start date. Jury selection is now set to begin on Aug. 17, 2026, which is almost one full year past the original September trial date.

The case will be back in court for a status conference in a couple of weeks.