Payton Gendron, the teenager who killed 10 Black people at the Topps supermarket in East Buffalo in 2022, claims he cannot get a fair trial in Western New York, so his federal death-penalty eligible case should move to New York City, his attorneys said in a new court filing.

Gendron pleaded guilty in November 2022 to state charges, including domestic terrorism motivated by hate, and is serving a life sentence without the possibility of parole. He faces the possibility of the death penalty if convicted of federal crimes.

His federal trial is scheduled to begin in September.

Gendron’s attorneys argued that “due to the overwhelming amount of pretrial publicity, combined with the impact of this case on Buffalo’s segregated communities of color, it is impossible for Payton Gendron to select a fair and impartial jury in the Western District of New York.”

The lawyers asked for change of venue to the Southern District of New York, encompassing Manhattan, the Bronx and the northern suburbs, because it is “far enough from the local media market to be less impacted by it” and because “the S.D.N.Y. also has sufficient minority representation that has not been directly impacted by the shooting and its aftermath that a diverse and representative jury should be able to be selected.”

There was no immediate comment from federal prosecutors, who would be expected to file their opposition or consent in court papers.

Gendron has separately asked the judge to strike the death penalty as a possible punishment, arguing the decision to seek it had a “discriminatory intent and discriminatory effect.”

The judge has yet to rule.

This is a developing story. Please check back for updates.