Attorneys for Payton Gendron, the white gunman who murdered 10 Black people at a Buffalo Tops supermarket in 2022, are now arguing that his federal charges should be dismissed because the grand jury that indicted him was not "diverse enough." Source: Kent Nishimura / Getty According to ABC News, Gendron's lawyers say in their motion that Black and Hispanic people, along with men, are "systemically and significantly underrepresented" on jury lists in the Buffalo area. They argue that this violates his constitutional right to a grand jury drawn from a fair cross-section of the community.